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Citation Name: 2024 YLR 989 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN IQBAL vs NAZAR MUHAMMAD Ss — 2024 YLR 989 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 989 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 989 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN IQBAL vs NAZAR MUHAMMAD Ss
Subject matter
Civil
Provisions referred to
S. 115---S; S. 115; 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: 2024 YLR 989 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN IQBAL VS NAZAR MUHAMMAD Ss. 39 & 42---Civil Procedure Code (V of 1908), S. 115---Suit for cancellation of document and declaration---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence--- Revisional jurisdiction of High Court---Suit filed by respondents/ plaintiffs was concurrently decreed by two Courts below on basis of certain discrepancies in evidence of petitioners/ defendants--- Validity---Certain short-comings and contradictions in depositions of defence witnesses, were natural and were not fatal to disbelieve the same---Parties had to stand on their own legs and any shortcoming or discrepancy in evidence of rival party could not extend benefit to the other party---Respondents failed to discharge initial burden and they had also failed to show any ill-will and mala fide on the part of revenue officer and officials, who were independent witnesses and supported the stance of petitioner/ defendant, which prompted them to depose against respondents/plaintiffs---Courts below failed to adjudicate upon the matter by appreciating law on the subject and had misread evidence of the parties---High Court was vested with authority and ample power to undo concurrent findings while exercising revisional jurisdiction under S. 115, C.P.C.---High Court in exercise of revisional jurisdiction set aside judgments and decrees passed by both the Courts below and dismissed the suit instituted by respondents / plaintiffs---Revision was allowed, in circumstances.

Other judgments reported in 2024 YLR

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