Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil Procedure Code (V of 1908)-------S. 115 ,-Revision---Power of High Court---Scope---If finding on a question of fact arrived at by Lower Appellate Court was the result of conjectures, or fallacious appraisal of evidence, such finding was not immune from scrutiny by the High Court in exercise of its power under S.115, C.P.C.Naziran Begum v. Khursheed Begum 1999 SCMR 1171 rel.(b) Muhammadan law------- Pre-emption---Right of pre-emption ---Talb-e-Muwathibat---Concurrent findings of both the Courts below---Effect---Where both the Courts below had concurrently taken the view that the first demand (Talb-e-Muwathibat) was made within time, such findings were not open to interference by High Court in revision, in view of the evidence placed on record.(c) Pre-emption------- Pre-emption suit---Concurrent findings of both the Courts below ---Talb-e�Muwathibat and Talb-e-Ishhad, making of---Both the Courts below had examined all aspects of the evidence and reached the conclusion that the essential requirements of making both demands were fully satisfied--�Effect---Not within the scope of revisional powers of High Court to have microscopic view of the evidence which had already been minutely examined and assessed by the Trial Court and the First Appellate Court---Findings of both the Courts below were neither erroneous nor perverse---No fallacious appraisal of evidence was made nor any inference was drawn by those Courts on conjectures and as such the findings did not call for interference--�Vendees failed to establish that Lower Appellate Court exercised jurisdiction illegally or with material irregularity---High Court declined interference in revision.Monajal Huq v. Shafiullah and another PLD 1964 Dacca 640; Smt. Sundri Bai v. Ghulam Hussain 1982 CLC 2441;. Samundar Khan and 2 others v. Ali Zaman PLD 1984 Pesh. 12; Muhammad Ibrahim v. Taj Muhammad and another 1985 CLC 3000; Karim Bux and 2 others v. Syed Mushtaq Ali and 2 others 1984 CLC 33; Jadal v. Majeed and 2 others PLD 1978 Kar. 732; Sudhangshu Bimal Biswas v. Muhammad Mustafa Chowdhry 1968 SCMR 213; Abdul Hakeem v. Habibullah and 11 others 1997 SCMR 1139 and KMC v. Raheel Ghayas 1995 MLD 141…