Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.115---Revision---Scope---If concurrent findings of the Courts below were the result of misreading of evidence on the record, it became the duty of the High Court/revisional forum tb set the wrong right in accord with its jurisdiction under S.115, C.P.C.---If, however, the issues struck in a given case were found to have been resolved by bringing to bear the oral as well as documentary evidence on such findings by both the 'trial Court and the Appellate Court concurrently, then the revisional jurisdiction of High Court would not be attracted. (b) Constitution of Pakistan (1973)--- ----Art.185---Appeal to Supreme Court---Findings of Trial Court that suit was beyond time having not been challenged through cross-objections before the 1st Appellate Court, defendants in the suit could not be permitted to fill in the lacunae in their cause at appeal stage before the Supreme Court. Muhammad Zahoor Qureshi Azad, Advocate Supreme Court/Advocate-on-Record for Appellants. Saeed Bag, Advocate Supreme Court and Nur Ahmed Khan, Advocate-on-Record (absent) for Respondents Nos. 1 to 7. Respondents Nos.8--46: Ex parse. Date of hearing: 8th December, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---The background of this appeal by leave of the Court has two parts: Part I: Civil Suit No.381-I, dated 2-10-1972 The appellant filed Civil Suit No.381/1 against the respondents before the Civil Court at Swabi seeking a declaration to the effect that they are mortgagees in possession of property bearing Khasra Nos.1339/1 and 1339 measuring 5 Kanals 10 Marlas situated in Mauza Yar Hussain, Teshil Swabi, District, Mardan. An alternative prayer for possession was also made in the plaint, dated 2-10-1972. The trial Court decreed the suit on 13-12-1974 which decree was affirmed in appeal. However, the High Court: (1) allowed Civil Revision No.62 of 1976 titled Arsala Khan and others v. Samar Gul and others on 24-5-1976; (2) sent the case back to the trial Court, and (3) allowing an application of the respondents in Civil Revision No.62 of 1976 under section 151 and Order VI, rule 17, C.P.C. permitted them to amend the plaint. Part II: Suit No.46/1 of 19981, dated…

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