| Citation(s) |
|---|
| 1999 SLG 965 1999 SLD 965 1999 CLC 1287 |
Lahore High Court
Civil Revisibn No.369-D of 1998, heard on 24-11-1998
SH. ABDUR RAZZAQ., J
Kanwar Iqbal Ahmad Khan for Petitioners. Ghulam Murtaza Malik for
Respondents
Civil Revisibn No.369-D of 1998, heard on 24-11-1998
SH. ABDUR RAZZAQ., J
Kanwar Iqbal Ahmad Khan for Petitioners. Ghulam Murtaza Malik for
Respondents
NABI BAKHSH and 4 others
VS
MUHAMMAD BAKHSH and 6 others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------0. XXIII, R.3 & S.115---Compromise of suit---Revision---Trial Court decreed suit of the petitioner in terms of compromise arrived at between the parties---Petitioner being dissatisfied with the order of the Trial Court, preferred an appeal, and the same was dismissed by the lower Appellate Court--Contention of the petitioner was _ that requirements of O.XXIII, R.3, C.P.C. were not fulfilled by Trial Court---Validity---Held; it was the satisfaction of the Court which had allowed the compromise and had disposed of the matter on the basis of such compromise---Judgment and decree of Trial Court was not passed abruptly and same was the result of due deliberation and consultation which continued for about six months---Neither any infirmity or any irregularity, nor perversity or arbitrariness was found in the order of the Trial Court---Revision was dismissed in circumstances. Mumtaz Begum v. Karachi Buildings Control Authority and 3 others 1997 MLD 1953; Messrs Azhar Asia Shipping Agency and another v. Ghaffar Corporation PLD 1996 SC 213 and Allah Ditta v. Bashir Ahmad 1997 SCMR 181 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Revisional jurisdiction cannot be invoked against conclusion of law or fact, which do not, in any way, affect the jurisdiction of High Court, no matter, howsoever erroneous, wrong or perverse the decision maybe either on a question of fact or law, unless the decision involves a matter of jurisdiction---Erroneous conclusion of law or fact is liable to be corrected in appeal, but revision will not be competent on such a ground, unless in arriving at such conclusion an error of law was manifestly shown to have been committed. JUDGMENT This revision petition is directed against the judgment and decree, dated 4-4-1998 passed by the learned Additional District Judge, Alipur, District Muzaffargarh, whereby he confirmed the judgment and decree, dated 10-6-1997 passed by the learned Civil Judge 1st Class, Alipur. 2. Briefly stated the facts are that the petitioners/plaintiffs filed a suit for permanent injunction restraining the respondents/defendants to use their property as…
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