HABIB-UR-REHMAN vs ABDUL KARIM Ss — 2025 SCMR 1262 SUPREME-COURT

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HABIB-UR-REHMAN VS ABDUL KARIM Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 100, 115 & O.VII, R.11---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Principle---Petitioners were aggrieved of judgments and decrees passed by all Courts below against them---Validity---If concurrent findings recorded by lower fora were found to be in violation of law, or based on misreading or non-reading of evidence, they could not be treated as so sacrosanct or sanctified that they could not be reversed by High Court in its revisional or Constitutional jurisdiction or in a second appeal, as a corrective measure come what may---Where glaring errors, non-reading or misreading of evidence or any legal and jurisdictional issues arise, the stumbling block of doctrine of concurrent findings cannot shield a flawed or erroneous decision---Trial Court possesses distinctive position to adjudge trustworthiness of witnesses and cumulative effect of evidence led in the lis---Appellate Court accords deference to such findings, which are not overturned unless found erroneous or defective---It is also not within the domain or function of Appellate Court and or High Court to re-weigh or re-interpret evidence but they can examine whether jurisdiction or order attains benchmark of an unflawed judgment and whether it is in consonance with the law and evidence and free from unjust and unfair errors apparent on the face of record---If the concurrent findings are found to be in violation of law or are based on flagrant and obvious defect floating on the surface of the record then it can be reversed as a corrective measure without undue regard to the fact that matter culminated in concurrent findings---Supreme Court set aside concurrent findings of facts by all Courts below and remanded the matter to Trial Court for decision afresh on merits---Appeal was allowed.

HABIB-UR-REHMAN vs ABDUL KARIM Ss — 2025 SCMR 1262 SUPREME-COURT

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