Mst. LALAN BIBI vs Mst. GHULAM ZOHRAN AND Other
The petitioner sought leave to appeal against the dismissal in limine of her Regular Second Appeal by the Lahore High Court, which had upheld the concurrent findings of fact recorded by the trial court and the first appellate court. The core legal question was whether interference was warranted against concurrent findings of fact in second appeal. The Supreme Court held that the concurrent findings of fact by the lower courts were unexceptionable and rightly maintained by the High Court. The petition was accordingly dismissed as being without merit. The key principle laid down is that the Supreme Court will not ordinarily interfere with concurrent findings of fact arrived at by the courts below in the absence of any legal flaw or misreading of evidence.
- Whether the Supreme Court will interfere with concurrent findings of fact by the lower courts in second appeal?
- Can a second appeal be maintained against concurrent findings of fact without showing a substantial question of law?
ORDER
ASLAM RIAZ HUSSAIN, J.-The petitioner seeks leave to appeal against the dismissal in limine on 16- 4-1982 of his R. S. A., by a Single Judge of the Lahore High Court.
2. We have heard the learned counsel for the petitioner and gone. Through the impugned judgment. We are inclined to agree with the view taken by the learned High Court that the case had been concluded by a concurrent finding of fact by the learned Trial Court and the learned First Appellate Court.
The petition is, therefore, dismissed as being without merit.