Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.31,23,25,O.XX,r.5,S.115

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.31,23,25,O.XX,r.5,S.115

(a) Specific Relief Act (I of 1877)-------Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for possession, declaration and permanent injunction---Claim of plaintiff was that she was legally wedded wife of defendant who has transferred suit property her favour in lieu of dower, but subsequently defendant sold suit property to without consent and permission of plaintiff---Suit having concurrently been decreed by the Trial Court and Appellate Court, in favour of plaintiff, defendant/vendee had filed revision against such concurrent s and decrees---Trial Court as well as Appellate Court adverted to every aspect of the case, rightly decided issues agitated and rendered reasonable s, which were 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 existed in the concurrent s, which were in consonance with the evidence on the file---No specific misreading or non-reading of evidence had been pointed out---Material on record established that at the time of marriage defendant had transferred suit property in the name of plaintiff in consideration of dower, but subsequently he sold the same without consent and permission of his wife/plaintiff---`Mehar Nama' in question had satisfactorily been proved through deposition of petition writer and marginal witnesses-In absence of any misreading or non-reading of evidence on record, concurrent s and decrees of the courts below which were in consonance with record and also in accordance with law on the subject could not be interfered with in revision. (b) Civil Procedure Code (V of 1908)-------O. XX, R.5---Recording of finding issue-wise---Provision of O.XX, R.5, C.P.C. whereby court was to state its decision on each issue, was applicable to the original court which heard a civil suit---Requirement of recording finding issue-wise was not mandatory for the Appellate Court it was sufficient for Appellate Court to deal with all issues as were material for disposal of the controversy excepting those abandoned by appellant---Appellate Court recording its findings…