Case Details

Citation(s)
2004 SLG 2010 2004 SLD 2010 2004 CLC 1843
Peshawar High Court
Civil Revision Petition No. 112 of 2001, decision dated: 2-06-2004.
IJAZ-UL-HASSAN KHAN, J

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DARYA KHAN and another

VS

SALEH KHAN and 3 others

Law:

Section:

(a) Civil Procedure Code (V of 1908)--------S. 115, O. VII, R. 2, O.XXXVII & O.XLI R.31---Suit for recovery of amount---Suit having concurrently been decreed by Courts below, defendants had filed revision against concurrent s of the Courts--Findings of both Courts were in consonance with evidence on record and no material piece of evidence seemed to have been ignored or excluded out of consideration---Overall assessment of evidence made by the Trial Court and affirmed by Appellate Court and findings arrived at by Courts below did not call for interference by High Court---Grave miscarriage of justice had not occurred or Courts below had not exercised jurisdiction illegally or with material irregularity---Both Courts below had elaborately discussed every aspect of the case and had dealt with the same in detail, leaving no room for further discussion---Mere assertions that impugned s and decrees were against law and facts, without a positive attempt on that point to substantiate same, was of no consequence. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Jurisdiction of High Court to interfere with concurrent findings of fact in revisional jurisdiction under S. 115, C.P.C., was very limited---High Court in exercise of its jurisdiction under S. 115, C. P. C. could only interfere with the orders, of the subordinate Courts on the grounds that the Court below assumed jurisdiction which did not vest in it or had failed to exercise jurisdiction vested in it by law or that the Court below had acted with material irregularity affecting its jurisdiction. PLD 1994 SC 2911; 2000 SCMR 346; PLD 1994 SC 1836; PLD 1970 SC 288; PLD 1986 SC 89; 1984 SCMR 504 and 1987 SCMR 1005 ref. (c) Civil Procedure Code (V of 1908)----- ----S. 115, O. VII, R. 2, O.XXXVII & O.XLI, R.31---Suit for recovery of amount---Judgment of Appellate Court below---Contents of--­Concurrent s and decrees of Courts below had been objected to on the ground that said s and decrees were recorded in a mechanical manner without application of mind in total disregard to requirement of O.XLI, R.31, C.P.C. which had resulted in manifest injustice---Objection was without…
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