Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Specific Relief Act (I of 1877), S.8---Suit for title and possession of immovable property---Plea raised in revision before High Court for the first time---Admissibility ---Plea which was neither raised by defendant in his written statement nor in his evidence nor in memo of appeal before Appellate Court could not be allowed to be raised' at revisional stage before High Court in view of legal bar that a party to a lis was bound by its pleadings and could not make a departure therefrom. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Courts below had taken into consideration the entire evidence, both oral and documentary recorded and brought by parties on the file---Courts had fairly attended to same and had made its appraisal in accordance with law and had drawn fair conclusion therefrom---Said conclusion was not susceptible to revisional jurisdiction of High Court in absence of any illegality or irregularity causing miscarriage of justice---High Court, in its limited revisional jurisdiction, would not interfere into concurrent findings recorded by two Courts below. Haji Ghulam Basit for Petitioners. Tahir Hussain Lughmani for Respondents Nos. l to 5. Malik Mehmood Akhtar for Respondents Nos.6 to 8. Masud-ur-Rehman Awan for Respondents Nos. 18 to 27 Date of hearing: 3rd March, 2004. JUDGMENT This petition calls into question the judgments and decrees dated 13-2-1992 of the trial Judge and dated 17-7-1996 of the appeal Court wherein suit of the respondent/plaintiff was decreed to the extent determined therein. Arguments heard record perused. 2. Facts in details need not be reproduced, suffice it to say that Samandar Khan respondent/plaintiff brought a suit seeking decree of title in the suit-land, the setting aside of the correction Mutation No. 15, dated 29-4-1968 and in the alterative also sought decree for possession in respect of the suit-land. The same was contested by the petitioners and after holding trial it was decreed to the extent indicated to the impugned judgment and the decree, and judgment were maintained by the appeal Court. 3. It was contended for the…

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