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MUHAMMAD AZAM vs MUHAMMAD AIJAZ S — 2025 PLD 567 SUPREME-COURT

Case information

Citation
2025 PLD 567 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
MUHAMMAD AZAM vs MUHAMMAD AIJAZ S
Subject matter
Criminal
Provisions referred to
S. 12---C; S. 100---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

MUHAMMAD AZAM VS MUHAMMAD AIJAZ S. 12---Civil Procedure Code (V of 1908), S. 100---Second appeal---Suit for specific performance---Judgment at variance---Findings of facts--- Preference--- Suit filed by respondent/plaintiff was decreed in his favour by Trial Court but Lower Appellate Court allowed appeal of petitioners/defendants and dismissed the suit---High Court while disposing of Second Appeal, decreed the suit in favour of respondent/plaintiff---Validity---If findings of facts reached by Lower Appellate Court are at variance with those of Trial Court, the former are to ordinarily prevail although it would not possess the same value or sanctity as that of a concurrent finding---Such findings by Lower Appellate Court are immune from interference in Second Appeal provided they have passed the test prescribed under section 100, C.P.C.---Findings of two Courts cannot be subjected to a Second Appeal, even if erroneous---In the present case judgment passed in Second Appeal was nothing but a replacement by High Court of its own view in an attempt to do equity which was not permissible under section 100, C.P.C.---Second Appeal could not operate as a regular First Appeal under section 96 C.P.C.---Supreme Court set aside judgment and decree passed by High Court in exercise of Second Appeal and restored that of Lower Appellate Court, as it was an interference and was neither justified nor required---Specific performance was only a discretionary relief and such discretion was lawfully exercised by Lower Appellate Court---Appeal was allowed.

Other judgments reported in 2025 PLD

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