Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil Procedure Code (V of 1908)----- ----S.115---Revision---Concurrent findings recorded by Courts below--­Reversal of such findings by High Court---Scope---Principles. Once the concurrent findings are rescorded by the two Courts below i.e. the Civil Judge and the District Judge, the reversal thereof by the High Court does not fall within the scope of revisional jurisdiction to be exercised by it under section 115, C.P.C. This is, however, not an absolute rule. The High Court is well-empowered to reverse the findings of the Courts below if those are not supported by the record or the Courts below have misread the game resulting into serious miscarriage of justice. Concurrent findings in any case could be reversed by the High Court while exercising revisional jurisdiction under section 115, C.P.C. for the reason that the scope of said section was not narrow and limited. Where the concurrent findings are based on conjectural presumptions, erroneous assumptions and wrong proposition of law, that can be reversed justifiably by High Court while exercising revisional jurisdiction as conferred upon it under section 115, C.P.C. and interference may be made in concurrent findings when the same are based on insufficient evidence, misreading of evidence, non-consideration of material evidence, erroneous assumption of facts, patent errors of law, consideration of inadmissible evidence, excess or abuse of jurisdiction, arbitrary exercise of power and where unreasonable view on evidence has been taken due to non-reading and misreading of evidence. Maj. Rashid Beg v. Rehmat Ullah Khan and 4 others PLD 2001 SC 443; Muhammad Bakhsh and 4 others Y. Province of Punjab through District Collector, Multan (Now Lodhran) and 2 others 1994 SCMR 1836; Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431; Muhammad Siddique v. Muhammad Akram 2000 SCMR 533; Samar Gul and others v. Mohabat Khan and others 2000 SCMR 974 and Muhammad Akhtar v. Mst. Manna and 3 others 2001 SCMR 1700 ref. (b) Islamic Law----- ----Gift---Delivery of possession---Principle---Mere recital in the gift deed that possession has been delivered to the donee would not be enough unless the delivery…