“6.Before considering the contentions of the parties on merit, we
would like to mention here that the scope of interference with
concurrent finding of fact by the High Court in exercise of its
revisional jurisdiction under section 115, C.P.C is very limited.
The High Court while examining the legality of the judgment
and decree in exercise of its power under section 115, C.P.C
cannot upset a finding of fact, however erroneous it may be, on
reappraisal of evidence and taking a different view of the evidence.
Such findings of facts can only be interfered with by the High
Court under section 115, C.P.C if the Courts below have either
misread the evidence on record or while assessing or evaluating
the evidence have omitted from consideration some important
piece of evidence which has direct bearing on the issues involved
in the case. The findings of facts will also be open to interference
by the High Court under section 115, C.P.C if the approach of
the Courts below to the evidence is perverse meaning thereby that
no reasonable person would reach the conclusions arrived at by
the Courts below on the basis of the evidence on record.***”
Used in Judgment Of
Lahore High Court
Civil Revision
1075272.2383-09
0 comments:
Post a Comment