SULEMAN AND Others vs BAGH ALI
This matter arises from a petition for leave to appeal against the dismissal in limine of a civil revision by the Lahore High Court, which had upheld the concurrent findings of the lower courts decreeing the respondent's suit for a declaration of ownership based on a registered sale-deed. The core legal question was whether the High Court erred in dismissing the revision in limine when the dispute involved the appreciation of oral and documentary evidence by the trial and appellate courts. The Supreme Court held that since the lower courts' concurrent findings were amply supported by evidence and the dispute turned solely on the appreciation of evidence, the High Court rightly dismissed the revision in limine. The key principle laid down is that where concurrent findings of fact by lower courts are supported by evidence and the matter involves pure appreciation of evidence, a revisional court is justified in dismissing the revision summarily.
- Whether a civil revision can be dismissed in limine when it turns solely on the appreciation of evidence?
- Are concurrent findings of fact supported by evidence open to interference in revision?
ORDER
1. DORAB PATEL, J.-The first seven petitioners are the heirs of one Karim Bakhsh, who, according to the respondent, bad sold him the land in dispute. But the eighth petitioner claimed that the same land and other land had been sold to him by Karim Bakhsh, therefore, the respondent filed a suit for a declaration that he was the owner of the land in dispute by virtue of a registered sale-deed executed by Karim Bakhsh. The suit was contested by Karim Bakhsh and the eighth petitioner, and both parties produced evidence in support of their respective claims. Further, the respondent did not produce the sale-deed on which he relied, but produced oral evidence which according to the trial Court was sufficient to prove that Karim Bakhsh (now deceased) had registered the sale in the respondent's favour for the land in dispute. Therefore, the trial Court decreed the suit and as the appeal of the petitioners against the trial Court's judgment was dismissed by the District Court, they filed a revision in the High Court. But this revision was dismissed in limine by a learned Single Judge of the Lahore High Court on 13-11-1974, because he was of the view that the concurrent findings of the Court below was amply supported by evidence.
2. As learned counsel criticised the order of the High Court dismissing his revision in limine, we have examined it with the assistance of learned counsel and we find that the order has referred in detail to the evidence in support of the respondents claim. Therefore, the dispute in the revision turned solely on the appreciation of evidence and the revision was, therefore, rightly dismissed in limine.
3. There is no merit in this petition which is dismissed.
Cited by 2 cases
- ASIATIC CHEMICAL INDUSTRIES LTD. vs PUNJAB AGRICULTURAL RESEARCH 1997 CLC 1606
- SARDAR ALLY vs ABDUL GANI AND 5 Other 1987 PLD Karachi 58