| Citation(s) |
|---|
| 2006 SLG 2006 2006 SLD 2006 2006 CLC 395 |
Peshawar High Court
Civil Revision No.307 of 2005, decision dated: 9-12-2005.
IJAZ-UL-HASSAN KHAN, J
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Civil Revision No.307 of 2005, decision dated: 9-12-2005.
IJAZ-UL-HASSAN KHAN, J
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MUHAMMAD IQBAL and otherss
VS
ARSHAD IQBAL and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Specific Relief Act (I of 1877), Ss.8, 42 & 54---Revisional jurisdiction of High Court---Scope---Suit for recovery of possession, declaration, perpetual injunction and partition---Trial Court and Appellate Court below had concurrently decreed suit---Reasoning recorded by the Courts below were in harmony with material on record and no prejudice seemed to have been caused to petitioners---Contents of Tamleek Nama involved in the case, had been rightly interpreted and appreciated by Courts below---Courts below had rightly clinched the factual controversy, had dealt with the matter in a threadbare manner and came to the concurrent conclusion after due application of independent mind---Such findings could not be disturbed in revisional jurisdiction---Trial Court, as well as Appellate Court had elaborately discussed every aspect of the case and had dealt with same in detail, leaving no room for further consideration---Findings on question of fact or law recorded by competent Court of law/jurisdiction, could not be interfered in revisional jurisdiction, unless those findings suffered from jurisdictional defect, illegality or material irregularity---Jurisdiction of High Court to interfere with concurrent finding 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 orders of subordinate Courts on the grounds that Courts below assumed jurisdiction which did not vest in them; or had failed to exercise jurisdiction vested in them by law; or that Courts below had acted with material irregularity affecting their jurisdiction in the case---Process of examination of evidence for upsetting a concurrent finding of fact in exercise of powers under S.115, C.P.C., was neither permissible nor warranted by law---Petitioners, in the present case, could not point out the breach of any provisions of law or commission of any error of procedure by the Courts below---No misreading or non-reading of evidence by Courts below had been proved and s. by Courts below were not shown to have been tainted with any illegality pr…
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