Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction---Scope---Provisions of S.115, C.P.C. would apply only to cases involving illegal assumption, non-exercise or irregular exercise of jurisdiction by the lower Courts---Said provisions could not be invoked against conclusions of law or fact which did not, in any way, affect the jurisdiction of the Court---If a Court had jurisdiction, then it had jurisdiction to decide one way or the other and erroneous conclusion of law or fact could only be corrected in appeal, but a revision would not be competent on such a ground---Provision of S.115(1)(c), C.P.C. were only applicable to erroneous exercise of jurisdiction and not erroneous decision---Jurisdiction vested in High Court under S.115, C.P.C. being discretionary in nature, High Court, in circumstances, would not interfere to correct every irregularity in exercise of its jurisdiction except where grave injustice or hardship would result on account of its non-interference. JUDGMENT Briefly stated, the facts of the case in hand, are that the petitioner/plaintiff had instituted a suit, against the defendants/respondents, in the Court of Senior Civil Judge, Chitral (Mr. Sajad Anwar) for declaration that they alongwith defendants Nos.13 and 14 are the owners of the suit land, fully detailed in the heading of the plaint, and that the respondents/defendants Nos. 15 to 20 had no right to pass any order or to interfere with the land in question in any manner. The petitioners/plaintiffs prayed, additionally, for the possession of the suit land. 2. The respondents/defendants contested the suit and raised quite a few legal as well as factual objections. 3. The pleadings of the parties were reduced to various issues and after recording the evidence of the parties, as they wished to produce, the petitioners/plaintiffs' suit was dismissed by the Senior Civil Judge vide his judgment/decree, dated 6-6-1994. 4. Aggrieved by said order the petitioners/plaintiffs filed an appeal before the District Judge, Chitral (Malik Mujtaba Ahmad) who by his judgment recorded on 21-9-1994 dismissed the same. Hence this revision petition. 5. Mr. Hafiz Aman Khan, Advocate, learned…

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