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HAJI MUHAMMAD versus SOORAT KHAN


Civil Code 1908 Section 115 Temporary jurisdiction of the High Court jurisdiction Below the finding of the harmony of the courts below the fact finding by two courts, without any other civil appeal in the exercise of the jurisdiction under section 115, CPC I cannot be bothered by the High Court. During the recording of the facts, the two courts below have either misinterpreted the evidence or ignored any material evidence on the record, or interfered with the fact finding by the two courts below. The High Court is in error. In the jurisdiction modified under section 115, the CPC is still constrained by the High Court in exercising its jurisdiction under section 115, the CPC may only interfere with the subordinate court's orders on the basis of which the court Did not accept his option or failed. The fact that the court exercises jurisdiction established by law or that the court below has dealt with material misconduct affecting its jurisdiction is a fact when the High Court records the evidence But by re-enrolling, the conclusions reached by the two courts below may lead to a different conclusion, so that there can never be a basis for justifying the interference with the finding of this fact. The two courts below listed their evidence based on the evidence presented to them in the exercise of their amending jurisdiction under Rule 115, CPC.

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