Normally not interfered with in revision but in cases where the finding of fact has been recorded either by ignoring the material evidence on record or as a result of complete misdirection and missing the real issues in controversy

(1984 CLC 935) 

“ It is no doubt true that finding on questions of fact is normally not interfered with in revision but in cases where the finding of fact has been recorded either by ignoring the material evidence on record or as a result of complete misdirection and missing the real issues in controversy, no such sanctity would attach to that finding whether that be of fact or law. In the present case, I have been left with the impression that the two Courts below have adopted rather relaxed attitude and not realized the seriousness of the allegations and that valuable rights of two parties were involved and these rights are not to be dealt with in a cursory manner. It is bounden duty of the civil Courts not to get caught up in technicalities or hyper-technicalities as the case may be, but try to reach the truth because all jurisdictions are designed for that purpose. In a matter of this nature all that was required to be done was to hold a proper inquiry. The Court have appointed a commission who could have submitted his report after associating both the parties and carried out the measurement at the site and worked out the area which was being claimed by the two parties on the basis of transfer under Settlement Scheme No. VII as well as on the basis of allotment made by the Settlement and Rehabilitation authority, the cat would have been out of bag within 10 minutes. There has been failure of justice in this case and that has obliged me to come to the aid of petitioners by setting aside the impugned orders and sending the case back to the learned trial Court.”

 Part of Judgment 

 IN THE LAHORE HIGH COURT,LAHORE JUDICIAL DEPARTMENT

Civil Revision
1803-10

2017 LHC 4755