MUHAMMAD SIDDIQUE vs MUHAMMAD RAMZAN
Muhammad Siddique filed a suit for permanent injunction against Muhammad Ramzan, which was decreed by the trial court. On appeal, the Additional District Judge set aside the decree and dismissed the suit, a decision upheld by the Lahore High Court in revision. Muhammad Siddique then sought leave to appeal before the Supreme Court of Pakistan, arguing that the agreement Ex.P1 was duly proved and that the lower appellate and high courts erred in their conclusions. The Supreme Court held that the lower appellate court had thoroughly evaluated the evidence and rightly concluded that the agreement was not proved, and that the High Court committed no material irregularity or illegality in refusing to interfere under Section 115 of the Code of Civil Procedure 1908. The Supreme Court declined to re-appraise the evidence and dismissed the petition for leave to appeal, affirming the principle that concurrent findings of fact based on proper appreciation of evidence will not be disturbed in revisional or appellate jurisdiction absent any legal error.
- Whether the High Court can interfere with findings of fact under Section 115 of the Code of Civil Procedure 1908 when no material irregularity or illegality is shown?
- Can the Supreme Court re-appraise evidence in a petition for leave to appeal where the lower appellate court has thoroughly evaluated the record?
- Section 115, Code of Civil Procedure 1908
ORDER
1. ' GHULAM MUJADDID, J.--Muhammad Siddique filed suit for permanent injunction. It was contested by Muhammad Ramzan. The trial Court framed the following issues:--
(1) Whether the plaintiff has no cause of action and locus standi to file the suit? OPD
(2) Whether the suit is bad for non-joinder of necessary parties? OPD.
(3) Whether the plaintiff is tenant under the defendant? If so what is its effect? OPD
(4) Whether plaintiff is entitled for the decree for permanent injunction as prayed for? OPP
(5) Relief.
2. ' By judgment, dated 24-10-87 the suit was decreed. Muhammad Ramzan filed appeal which was heard by the Addl. District Judge. Appeal was allowed; judgment and decree of the trial Court set aside. The suit was accordingly dismissed.
3. ' Muhammad Siddique thereafter filed revision in the Lahore High Court. That was dismissed in limine by order dated 24-5-88. He now seeks leave to appeal against the order of the High Court.
4. ' The sole point urged before us was about the execution of agreement Ex.P1 which according to the learned counsel had been duly proved and accepted by the trial Court. Learned counsel submitted that all the essential legal requirements to prove the said document had been fully complied with.
5. Both the learned High Court as well as the appellate Court erred in law in coming to a contrary conclusion.
6. We are not impressed by the argument because we find that the appellate Court thoroughly dealt with the entire evidence and then came to the conclusion, "....The respondent has miserably failed to prove the existence of any agreement in his favour or that he had paid any sale price to the appellant...."
7. ' Similarly the High Court rightly observed, "....The learned lower appellate Court was fully vested with the jurisdiction to draw inferences of facts from the evidence on record and the inferences drawn by it are perfectly justifiable from the record...."
8. ' It was further observed by the High Court that "the appellate Court has not committed any material irregularity and illegality in passing the impugned judgment and decree which calls for no interference under section 115, C.P.C. By this Court."
9. ' We are not inclined to re-appraise the evidence at this stage nor have we come across any error of law in the impugned order so as to justify any interference. Dismissed.