Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Concurrent findings of fact by Courts below---Interference in such findings by High Court in revisional jurisdiction---Scope very limited---Reasons stated. High Court has very limited jurisdiction to disturb the concurrent findings of fact recorded by the Courts below while exercising power under section 115, C.P.C., unless and until the Courts below had given concurrent findings of fact by misreading or non-reading of the record or in violation of any principle laid by the superior Courts. N.S. Venkatagiri Ayyangar's case PLD 1949 PC 26 rel. (b) Pleadings--- ----Parties would be bound by their pleadings. Mst. Murad Begum's case PLD 1974 SC 322 rel. (c) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Ground sought to be argued was neither raised in revision petition nor in memorandum of petition before Supreme Court---Effect---Supreme Court in the interest of justice considered such ground. (d) Constitution of Pakistan (1973)--- ----Art. 185(3)---Concurrent conclusions arrived at by Courts below---Validity---Supreme Court would not, normally, interfere in such conclusions---Preference, as a 'rule, would be given to opinions of Courts below, particularly to opinion of Court of first instance---Reasons stated. Supreme Court does not normally, interfere in the concurrent conclusions arrived at by the Courts below while exercising power under Article 185(3) of the Constitution, Supreme Court, as a rule, should give due weight and consideration to the opinions of the Courts below and in particular to the opinion of the Court of first instance, which had the advantage of hearing the parties, witnesses and watching their demeanour. Malik Muhammad Ishaque's case PLD 1977 SC 109; Noor's case PLD 1973 SC 469 and Shah Nawaz's case PLD 1976 SC 767 rel. ORDER CH. IJAZ AHMED, J.-The petitioners have sought leave to appeal against the judgment, dated 2-5-2003 of the Peshawar High Court wherein civil revision was dismissed while upholding the concurrent judgments of Courts below. 2. Brief facts out of which the present petition arises are that petitioners filed Civil Suit No.19/1 of 1992…

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