Law: Civil Procedure Code (V of 1908)

Section: 115,O.XLI,R.31,O.XLI,R.25

Law: Civil Procedure Code (V of 1908)

Section: 115,O.XLI,R.31,O.XLI,R.25

(a) Civil Procedure Code (V of 1908)-------S. 115 & O.XLI, R.31---Revision---Scope---Trial Court as well as Appellate Court adverted to every aspect of the case, rightly decided the issues agitated and rendered reasonable , which was not amenable to the revisional jurisdiction of High Court---Both Courts below had given exhaustive s after due appraisal of evidence on the file and after discussing all the pros and cons---No legal defect appeared in s of the courts below which were in consonance with the evidence on the file---Conclusion of fact arrived concurrently by both the courts below was not open to challenge in civil revision, particularly when no specific misreading and non-reading of evidence had been pointed out---Appellate Court was alive to the situation and issues involved had been dealt with and decided by the Appellate Court in careful manner---Appellate Court had given its findings on all the points of controversy and no prejudice seemed to have been caused to petitioners---So far as question of giving issue-wise findings by the Appellate Court was concerned, same was not the requirement of law under O.XLI, R.31, C.P.C. and was sufficient for the Appellate Court to deal with all the issues as were material for disposal of the controversy excepting those abandoned by appellant---Appellate Court recording its findings on the points raised before it, without discussing the issues separately could not be said to have committed any illegality or error---Even otherwise law regarding framing of issues was firmly settled to the effect that where parties entered into trial of the case with all awareness of controversy between them, its framing or non-framing issues would lose importance---Findings recorded by the Trial Court and affirmed by Appellate Court, were not only in consonance with the record of the case, but same were also in accordance with the law on the subject---In absence of' any misreading of evidence on record, revision petition filed against concurrent and decrees of the court below, was dismissed. Fatal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2'others 1993 SCMR 2018 ref. (b) Civil Procedure Code (V of 1908)--- ----O.…

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