Sher Muhammad vs Karam Hussain S — 2025 MLD 1144 LAHORE-HIGH-COURT-LAHORE

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Sher Muhammad VS Karam Hussain S. 115 --- Revisional powers of the High Court --- Scope ---In the present case , the District Court, while passing the impugned judgment and decree, had not properly perused the record of the case viz. material aspects of the pleadings and evidence placed on file appeared to have been overlooked, resulting in an erroneous appreciation of facts and law --- A judicial determination must rest on a thorough consideration of the record, which, in the present case, was conspicuously absent --- The impugned order reflected a mechanical approach and lacked the application of judicial mind on crucial issues germane to the dispute --- Even testimony of the plaintiffs' witnesses revealed that they had, in unequivocal terms, admitted the stance of the petitioner/defendant regarding installation of pipe for the disposal of wastage water of the house of the respondent/plaintiff --- District Court had misread certain crucial pieces of evidence that went to the root of the matter and such misreading and non-reading of material evidence had led to an erroneous appreciation of facts and consequently, a miscarriage of justice, which could be corrected by exercising visitorial powers --- Claim of the respondent / plaintiff had already been dismissed by the Trial Court , admitting the claim of the petitioner / defendant qua settlement of expenses for installation of pipe established through evidence which had been overlooked by the Courts below---Application of the petitioner / defendant was accepted and it was to be executed by the Executing Court---High Court set-aside impugned judgments and decrees passed by both the Courts below---Revision filed by defendant, was allowed accordingly.

Sher Muhammad vs Karam Hussain S — 2025 MLD 1144 LAHORE-HIGH-COURT-LAHORE

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