| Citation(s) |
|---|
| 2004 SLG 1711 2004 SLD 1711 2004 CLC 81 |
Peshawar High Court
Civil Revision No.97 of 1990, decision dated: 25-04-2003.
IJAZULHASSAN KHAN, J
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Civil Revision No.97 of 1990, decision dated: 25-04-2003.
IJAZULHASSAN KHAN, J
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VS
MUHAMMAD AZAM and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction of High Court ---Scope---Revisional jurisdiction is to correct the error resulting from non-reading/misreading of evidence or where the Courts below are found to have failed to exercise the jurisdiction vested in them---High Court under S.115, C.P.C. is obliged to reverse the findings of Appellate Forum in cases involving illegal assumption, non-exercise or irregular exercise of jurisdiction by the Trial Court ---Revisional jurisdiction cannot be invoked against conclusions of law or fact which do not affect the jurisdiction of the Court below, no matter how erroneous, wrong or perverse the decision might be either on a question of fact or on law unless the decision involves a matter of jurisdiction---Erroneous conclusion of law or fact is liable to be corrected in appeal but revision is not competent on such ground unless in arriving at such conclusion an error of law has been committed. Muhammad Nasir Mahmood and others v. Mst. Rashida Bibi 2000 SCMR 1013 and Abdur Rahim and another v. Mrs. Jannatay Bibi and 13 others 2000 SCMR 346 ref. (b) Civil Procedure Code (V of 1908)----- ------O. XLI, Rr.32 & 33---Appellate Court---Duties---Duty of Appellate Court to assess the evidence of parties, examine findings recorded by Trial Court and to give reasons for upholding or reversing the same. (c) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Revision---Order passed by Assistant Commissioner on 22-6-1978, was sought to be set aside in civil suit filed in the year 1984---PLalntiff contended that he was minor at the time when order was passed by Assistant Commissioner, therefore, the order was illegal---Validity---Long silence of the plaintiff had not been explained satisfactorily---If the plaintiff was aggrieved of the finding of Assistant Commissioner, he could have gone in appeal before higher authority---Such non-filing of appeal by the plaintiff was taken note of by High Court and the same was not ignored---Appellate Court had rightly reversed the findings of the Trial Court and the suit was rightly dismissed---Revision was dismissed in…
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