Case Details

Citation(s)
2001 SLG 1551 2001 SLD 1551 2001 SCMR 1641
Supreme Court of Pakistan
Civil Appeal No. 1449-of 1995, decision dated: 2-03-2001. dates of hearing: 1st and 2-03-2001
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Dil Muhammad Tarar, Advocate Supreme Court for Appellant. Ch. FazaleHussain, Advocate-on-Record for
Respondent.
Respondents Nos.2 and 3. Ex parte

DISTRICT COUNCIL, SIALKOT

VS

Chaudhry NAZIR AHMAD KHAN and 2 others

Law:

Section:

Civil Procedure Code (V of 1908) Ss.100 & 101Second appealMaintainabilityGroundsBy virtue of S.101; C.P.C. no second appeal lies except on the grounds enumerated in S.100, C.P.C.Both the Trial Court and the First Appellate Court, after minutely examining and considering in detail from every possible angle the documents brought on record had concurrently concludedHigh Court in second appeal could not interfere with concurrent findings of fact recorded by the two Courts below even if it disagrees with the findings of its own view of evidence. Section 100 of the Code of Civil Procedure provides second appeal to the High Cb1irt from a decree passed by an Appellate Court subordinate to the High Court on the following grounds: (a) When the decision is against law; (b) When some material issue of law is not decided; (c) When there is substantial error or procedural defect which resulted in erroneous or defective decision. and by virtue of section 101, C.P.C. no second appeal lies except on the grounds enumerated in section 100, C.P.C. Both the Trial Court and the First Appellate Court, after minutely examining and considering in detail from every possible angle the documents brought on record had concurrently concluded that High Court in second appeal could not interfere with concurrent finding of fact reached by the two Courts below even if it disagrees with that finding on its own view of evidence. Abdul Rashid v. Bashiran and another 1996 SCMR 808 ref. JUDGMENT MIAN MUHAMMAD AJMAL, J. This appeal, by leave of the Court, is directed against the judgment of the Lahore High Court, Lahore dated 2031994, whereby R.S.A. No. 179 of 1967 of -Respondent No. l was "For the foregoing discussion, the appeal is allowed, the judgments and decrees of the Courts below are set aside with costs throughout and the appellant's suit is decreed with a declaration to the effect that he continued to be in service as a Lecturer in the District Council Intermediate College, Daska and that the impugned order dated 2111962 or later part of the Resolution No. 142 dated 15121962 did not in any manner affect his rights/interests and that he is entitled to all back benefits admissible to him…
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