| Citation(s) |
|---|
| 2006 SLG 1985 2006 SLD 1985 2006 CLC 297 |
Peshawar High Court
Civil Revision No.1491 of 2004, decided 28-11-2005.
IJAZ-UL-HASSAN KHAN, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Revision No.1491 of 2004, decided 28-11-2005.
IJAZ-UL-HASSAN KHAN, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
AQEEL HUSSAIN and otherss
VS
Mst. ALIA BIBI and others
Law:
Section:
(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Civil Procedure Code (V of 1908), O.XIV, R.I & O.XLI, R.31---Suit for declaration and possession- of property---Document relied upon by plaintiffs to establish their claim, had been satisfactorily proved through statements of witnesses produced by them---All said witnesses were subjected to' lengthy and searching cross-examination, but they faced test of cross-examination successfully---Both Courts below had rightly clinched the factual controversy, had dealt with the matter in a threadbare manner and came to concurrent conclusion after due application of independent mind, which could not be disturbed in revisional ,jurisdiction---No misreading and non-reading of evidence by Courts below had been pointed out---Trial Court as well as Appellate Court had elaborately discussed every aspect of case and had dealt with same in detail, leaving no room for further consideration---Appellate Court below had dealt with and decided issue involved in the case, in a careful manner giving its findings on all points of controversy and no prejudice seemed to have been caused to the defendants---Issues had been framed in view of pleadings of parties' and no important or vital issue appeared to have escaped notice of Trial Court---Giving issue-wise findings by Appellate Court was not the requirement of law under O.XLI, R.31, C.P.C. as Appellate Court was to state the points for determination, give its decision thereon and reasons for said decision be also mentioned---Issues framed by Trial Court fully reflected the pleadings of parties and no important issue appeared to have escaped notice of Trial Court, causing prejudice to defendants---Parties were fully alive to the controversy involved and sufficient material was brought on the file in support of their respective contentions---Both Trial Court as well as Appellate Court below had taken a rightful decision which was in consonance with evidence on file---Reasonings recorded by Courts below in decreeing suit were in consonance with evidence on record and no prejudice seemed to have been caused to petitioners---No misreading and non-reading of evidence was proved andβ¦
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492