FOZIA MAZHAR vs ADDITIONAL DISTRICT JUDGE, JHANG art — 2024 PLD 771 SUPREME-COURT

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FOZIA MAZHAR VS ADDITIONAL DISTRICT JUDGE, JHANG art. 199---Family Courts act (XXXV of 1964), S.5 & Sched.---Concurrent findings of fact recorded by the Family Court and appellate Court---Interference by the High Court in its Constitutional jurisdiction---Scope---High Court, in exercise of its constitutional writ jurisdiction, is not supposed to interfere in the findings on controversial questions of fact based on evidence---Scope of judicial review by the High Court under article 199 of the Constitution in such cases is limited to the extent of misreading or non-reading of evidence, or if the finding is based on no evidence, which may cause a miscarriage of justice---It is not proper for the High Court to disturb the finding of fact through a reappraisal of evidence in constitutional writ jurisdiction or to exercise this jurisdiction as a substitute for revision or appeal---Findings of facts rendered by the District Court on appeal under the Family Courts act, 1964, must as a rule be treated final and any interference in the same by the High Court in its constitutional writ jurisdiction should only be resorted to as an exception in cases where the findings are based on no evidence or the findings are the result of gross misreading or non-reading of material evidence, making the findings without lawful authority and of no legal effect in terms of article 199(1)(a)(ii) of the Constitution. Citation Name: 2024 PLD 771 SUPREME-COURTBookmark this Case FOZIA MAZHAR VS ADDITIONAL DISTRICT JUDGE, JHANG Issue in a case not directly impacting the adjudication of the dispute---If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more. Citation Name: 2024 PLD 771 SUPREME-COURTBookmark this Case FOZIA MAZHAR VS ADDITIONAL DISTRICT JUDGE, JHANG S. 17---Civil Procedure Code (V of 1908), S. 12(2)---Decree passed by Family Court challenged through an application under section 12(2), C.P.C.---Maintainability---Family Court may apply the general principles enshrined in C.P.C. in proceeding with not only the trial but also exercise jurisdiction in entertaining an application of an aggrieved party, challenging the validity of a judgment, decree or order on the plea of fraud or misrepresentation---Section 12(2) of C.P.C. can be invoked to challenge the judgment and decree passed by a Family Court under the Family Courts Act, 1964.

FOZIA MAZHAR vs ADDITIONAL DISTRICT JUDGE, JHANG art — 2024 PLD 771 SUPREME-COURT

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