Law:

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Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--When the appellate Court had decided the case in violation of law laid down by Supreme Court, then it is termed as material irregularity or illegality within the meaning of Section 115 of CPC--Respondent had placed on record documents relating to the year 1996-1997 through supplementary paper book--It is a settled law that record of later year is to be preferred--Held: Document having been placed on record by the appellants themselves was admissible in evidence and could be looked into by the Court for seeing through the matter--Appeal dismissed. [Pp. 554 & 555] A, B & C 1988 SCMR 851 & AIR 1927 Lah. 607, referred. Order Ch. Ijaz Ahmed, J.--The appellants/petitioners filed Civil Petition No. 313 of 2002 against the judgment dated 7.12.2001 of the Lahore High Court Rawalpindi Bench wherein the learned High Court had accepted the revision petition filed by the respondents against the appellants and set aside the judgment of the First Appellate Court and restored the judgment of the trial Court. Leave was granted vide order dated 6.2.2003 for reappraisal of evidence both oral and documentary placed on the file. Predecessor-in-interest of the petitioners filed a suit for permanent injunction against the respondents in the Court of Civil Judge Jhelum. The contents of plaint reveal that petitioners are owners in possession of land in question measuring 184 kanals, 11 marlas according to register Haqdaran-e-Zamin for the year 1980-81 since their forefathers and were cultivated 100 kanals out of the suit land. Rest of the land was used by them for the purpose of their cattles. Respondents/defendants intended to take illegal possession of the land in question which they had no right to do so. Respondents/defendants filed written statement controverting the allegations leveled in the plaint. The trial Court after framing the issues and recording the evidence, decreed the suit in favour of the petitioners to the extent of 56 kanals and dismissed the suit regarding 128 kanals vide judgment dated 17.1.1989. Petitioners being aggrieved filed appeal in the Court of Addl. District Judge Jhelum who decreed the…

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