Case Details

Citation(s)
1995 SLG 955 1995 SLD 955 1995 PLD 329
Lahore High Court
Civil Revisions Nos. 247 to 251 of 1994, decided on 7th February, 1995
CH. MUSHTAQ AHMAD KHAN, J
Mian Asif Mumtaz for Petitioners

ABDUL HAMEED and others

VS

MUHAMMAD ZUBAIR

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Concurrent findings of facts of Courts below---Effect---No misreading/non-reading of evidence was either alleged or proved---Wrong appreciation of evidence by Courts below (as contended by defendants) could not be a subject for interference in revisional jurisdiction of High Court---Perusal of evidence, however, showed that both Courts below had appreciated evidence correctly and there was nothing wrong in findings of fact recorded by Courts below---Concurrent findings of fact recorded by two Courts below being unexceptionable were not liable to be interfered with in exercise of revisional jurisdiction. Abdullah and 3 others v.-Abdul Karim and others PLD 1968 SC 140; Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88 and Wazir Muhammad etc. v. Abdul Aziz and another 1982 SCMR 189 ref. (b) Civil Procedure Code (V of 1908)--- ---~,0. I.j R. 6---Joint transaction of sale agreement by plaintiffs contributing sale price in equal shares---Sale transaction falling through---Plaintiffs filing separate suits for recover: of amount contributed by each of them--­Maintainability---No fault could be found with the suits filed by plaintiffs or the. s, or orders rendered by Courts, below decreeing such suits---Merely­because some of intending purchasers had not joined as plaintiffs would not absolve defendants of their lialbility to return amount of earnest money for they could not retain the same being themselves guilty of breach of contract. (c) Administration of justice--- ---- Duty of Court---Courts should make every effort to give a party which is due to him and technicalities should not stand in the way of administration of justice---Where simple question to be decided was whether defendants (vendors) were liable to return earnest money and it was found by Courts below that they were liable to return the same which finding had been maintained by the High Court, therefore, and decree rendered by Courts below besides being lawful was also in aid of administration of substantial justice. Messrs Ghulam Farid Muhammad Latif and others v. The -Central Bank of India Ltd., Lahore PLD…
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