Law:

Section:

(a) Civil Procedure Code (11 of 1908)--S. 115---Constitution of Pakistan (1973), Art. 185 (3)---Revision--­Concurrent findings of fact by the Courts below---Exercise of revisional jurisdiction by High Court---Scope---Finding recorded by the Trial Court withstood the scrutiny and that too a detailed one made by the Lower Appellate Court rendered by Civil Court, whether at the trial or appellate level, without considering evidence on record and/or misreading the same, was a fit subject for the exercise of revisional jurisdiction of High Court--­High Court was quite right in observing that the Courts below had left no stone unturned in reaching the conclusion that the petitioners/plaintiffs had failed to make out a case for interference in their s--, -No misreading or non-reading of the evidence by Courts below had been noticed and the of High Court, whereby revision petition of the petitioners/plaintiffs was dismissed, was upheld by Supeme Court---Leave to appeal was refused. (b) Civil Procedure Code (V of 1908)--- ----O.XX, R. 5---Failure to consider each issue separately---Effect---Where certain issues were inextricably linked with each other and those were considered together, such consideration was not at all violative of the mandate contained to O.XX, R.5, C.P.C. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 120---Civil Procedure Code (V of 1908), O.XX, R. 5--­Burden of proof---Failure to lead evidence on issues framed---Effect---Where no evidence was produced on the issues framed, the Courts below were left with no other option but to decide the same against the side on which onus of proof lay. Muhammad Ishaq Khan, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 20th July, 1998. ORDER CH. MUHAMMAD ARIF, J.---In this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, leave is claimed against judgment dated 22-10-1997 passed by the Lahore High Court, Multan Bench, whereby petitioners' Civil Revision No. 344-D of 1994 was dismissed with the result that concurrent judgments/decrees of the learned trial Court and the Appellate Court were upheld.…

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