AKBAR KHAN (deceased) through Rab Nawaz and others vs Mst. KHAIR
This matter arises from a petition for leave to appeal against an order of the High Court exercising revisional jurisdiction. The core legal question concerns the propriety of the High Court interfering with concurrent findings of fact recorded by the trial court and affirmed by the appellate court. The Supreme Court granted leave to appeal to examine whether such interference in revision was justified under the law. The holding establishes that the re-appraisal of concurrent findings of fact by a revisional court requires careful scrutiny regarding jurisdictional error or illegality.
- Whether the High Court can interfere with concurrent findings of fact in exercise of revisional jurisdiction?
- Under what circumstances is leave to appeal granted against the revisional order of the High Court?
ORDER
1. MANZOOR HUSSAIN SIAL, J -Leave to appeal is granted to consider, whether the learned High Court Judge, in exercise of Revisional jurisdiction in the instant case, rightly interfered with the concurrent finding of fact recorded by the learned Civil Judge, Attock and affirmed in appeal by the IA learned District Judge, Attock.