| Case ID |
1e320945-d6da-493e-aeab-64123b86c152 |
| Body |
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| Case Number |
Revision Application No. 196 of 1993 |
| Decision Date |
Feb 04, 2002 |
| Hearing Date |
Oct 22, 2001 |
| Decision |
The revision application was dismissed as the applicant failed to establish a case for interference. The High Court emphasized that its powers in revisional jurisdiction are limited. The findings of the lower courts were deemed concurrent and supported by sufficient evidence. The Court noted that no misreading or non-reading of evidence was presented, and the decisions of the lower courts were upheld. |
| Summary |
In the case of Muhammad Saleem vs. Abdul Majeed, the Sindh High Court addressed a revision application concerning concurrent findings of fact by lower courts in civil matters. The applicant sought to challenge the decisions made by the 1st Additional District Judge (Central), Karachi, which had upheld the dismissal of his suit for permanent injunction against the respondent. The High Court reiterated the limited scope of its revisional jurisdiction under Section 115 of the Civil Procedure Code, stating that it cannot substitute its own view in place of the concurrent findings of lower courts unless a jurisdictional error is established. The High Court found that both the trial and appellate courts had correctly assessed the evidence, leading to the dismissal of the applicant's claims. This case highlights the importance of substantive evidence in civil proceedings and the boundaries of the High Court's powers in reviewing lower court decisions. Key legal principles from previous cases were referenced to reinforce the judgment, emphasizing the necessity for clear evidence of jurisdictional errors to warrant interference. The ruling serves as a reminder of the judicial process's integrity in resolving civil disputes, particularly regarding the authority of lower courts and the standards required to challenge their findings effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZIA PERWEZ, J
|
| Lawyers |
Mirza Saeed Baig,
S.M. Aamir Naqvi,
Nemo
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
ABDUL MAJEED,
|
| Citations |
2003 SLD 2442,
2003 CLC 171
|
| Other Citations |
Haji Zareen Khan and 11 others v. Mureed Khan and 4 others 1998 CLC 1794,
Abdul Khaliq v. Rashim Ahmad 1999 MLD 2156,
Kamal-ud-Din v. Abdul Hamid and others 1989 ALD 251,
Muhammad Shah v. Aziz Akbar and 4 others PLD 1985 Pesh. 142,
Zar Shah v. Fazal Ahmad PLD 1986 Pesh: 159,
Haji Ilahi Bakhsh v. Noor Muhammad and others PLD 1985 SC 41,
Kazim Ali Shah v. United Bank Limited 1988 CLC 913,
Hakim Muhammad Buta and another v. Habib Ahmad and others PLD 1985 SC 153,
Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818,
Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291,
Mst. Sharifan through Legal Heirs and another v. Nazimuddin and another PLD 1994 Kar. 135,
Miss Faryal Wali and others v. District Magistrate and others 1993 CLC 60,
Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
115
|