EXECUTIVE ENGINEER IRRIGATION ROHRI DIVISION MORO vs GUL MOHAMMAD Ss

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EXECUTIVE ENGINEER IRRIGATION ROHRI DIVISION MORO VS GUL MOHAMMAD Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for recovery of possession, declaration and injunction---Concurrent findings of facts by two Courts below---Concealment of material fact---Material irregularity---Scope---Suit filed by respondent / plaintiff was decreed in his favour and Lower Appellate Court dismissed appeal filed by petitioner / defendant---Plea raised by petitioner / defendant was that respondent / plaintiff concealed filing of an earlier suit on same cause of action which had been dismissed---Validity---Concealment of material fact from Court is a serious matter that not only amounts to thwarting but also hoodwinking process of law---Such actions are unacceptable under any circumstances---Court operates on the principle of transparency and full disclosure, and any deviation from such principle can have severe consequences---Respondent / plaintiff had a duty to disclose pendency of earlier suit while filing subsequent suit---Failure to do so constituted concealment of material fact, leading to entire proceedings conducted by Trial Court being tainted with material irregularities and illegalities, rendering them unsustainable---Concurrent findings of both the Courts and the judgments and decrees passed by them were not beyond the purview of High Court's interference---High Court can invoke its revisional jurisdiction under S.115, C.P.C. if it is found that the judgments and decrees result from concealment of fact, misreading, or non-reading of the record or if the suit was not filed with clean hands---If judgments and decrees result from concealment of fact, misreading, or non-reading of the record, or if the suit was not filed with clean hands, it constitutes a material irregularity---Such irregularities are precisely the kind of situations that S. 115, C.P.C. is designed to rectify---High Court in exercise of revisional jurisdiction set aside concurrent findings of two Courts below and suit was dismissed---Revision was allowed, in circumstances.

EXECUTIVE ENGINEER IRRIGATION ROHRI DIVISION MORO vs GUL MOHAMMAD Ss — 2024 CLC 1460 KARACHI-HIGH-COURT-SINDH

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