Case Details

Citation(s)
2000 SLG 642 2000 SLD 642 2000 PLD 8
Balochistan High Court
Civil Revision No.346 of 1998, decision dated: 20-10-1999, hearing DATE : 29-09-1999
FAZAL UR REHMAN, JUSTICE

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SAWALI AND another

VS

GUL MUHAMAMD AND ANOTHER

Law:

Section:

Civil Procedure Code (V of 1908) S. 115 Dastoor ul Amal Diwani Riyasat Kalat, 1952 Revision ¬Concurrent findings of fact by both the Courts below Exercise of revisional jurisdiction by High Court Scope Court of Qazi under provisions of Dastoor ul Amal Diwani Riayasat Kalat, 1952, was bound to decide the matter in accordance with Shariat Both the Courts below had analysed the evidence on record and High Court could not substitute the conclusion which was concurrently and reasonably drawn by the Courts below by proper appreciation of the evidence Where no error of law or defect in procedure had been committed in coming to a finding of fact, High Court could not substitute such finding with its own merely because a different finding could be given Petitioners failed to point out any jurisdictional defect in the s and decrees of both the Courts below or any irregularity or illegality warranting interference in such matter in exercise of revisional jurisdiction Revision being without merit was dismissed accordingly. 1997 SCMR 1139 and 1993 MLD 643 ref, THIS JUDGMENT DELIVERED BY: FAZAL UR REHMAN, JUSTICE:---.--- This civil revision petition under section 115, C.P.C. is directed against the judgment and decree of the learned Majlis e Shoora, Makran Division at Turbat dated 31 8 1998 whereby, the appeal filed against the judgment and decree dated 30 4 1998 passed by the learned Qazi, Pasni, was dismissed. 2. Briefly stated the facts of the case are that the respondent Gul Muhammad filed a suit in the Court of Qazi, Pasni, on 2 6 1997 against the petitioners in respect of the property, the description of which is given in the plaint. The suit was resisted by the petitioners by filing written statement on 17th June, 1997. 3. Out of the pleadings of the parties the learned Qazi on 23rd June, 1997 framed the following issues: It is stated that an amended suit was filed on 13 12 1997 and written statement by the petitioners was filed on 28 2 1998. 4. In support of his case respondent/plaintiff produced six witnesses and also got recorded his statement on oath. The petitioners produced three witnesses and Shahdad also got recorded his statement. The learned Qazi Pasni on…
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