Citation Name: 2023 YLR 574 PESHAWAR-HIGH-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA vs JEHANZEB KHAN S — 2023 YLR 574 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 574 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 574 PESHAWAR-HIGH-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA vs JEHANZEB KHAN S
Subject matter: Civil
Provisions referred to: S. 115---R; S. 115---S; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 YLR 574 PESHAWAR-HIGH-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS JEHANZEB KHAN S. 115---Revisional jurisdiction of High Court, exercise of---Principle---Provision of section 115 C.P.C. empowers High Court to satisfy and reassure itself that order of subordinate Court is within its jurisdiction---Case is one in which Court has to exercise jurisdiction and in exercising jurisdiction Court has not acted illegally or in breach of some provision of law or with material irregularity or some error of procedure in the course of trial, which affected ultimate decision---If High Court is satisfied that such principles have not been unheeded or disregarded by the Courts below, it has no power to interfere in conclusion of subordinate Court upon questions of fact or law. Citation Name: 2023 YLR 574 PESHAWAR-HIGH-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS JEHANZEB KHAN Ss. 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Concurrent findings of two Courts below---Scope---Respondents/ plaintiffs filed suit claiming to be owners of the suit property---Trial Court and Lower Appellate Court decreed the suit and appeal respectively in favour of respondents/plaintiffs--- Validity--- Two Courts below concurrently recorded their findings of facts and law---Such findings were perfectly in accordance with available evidence of parties and did not suffer from any misreading or non-reading of evidence, nor the same suffered from any illegalities or material irregularities---High court declined to interfere in judgments in decrease pass by two Courts below---Revision was dismissed in circumstances.

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