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HUSSAIN NAQVI versus BEGUM ZAKIRA CHATTHA


Civil Code 1908, amending jurisdiction of section 115, the exercise of jurisdiction to find facts in the exercise of force under section 115, CPC was neither valid nor guaranteed by law. The exercise of jurisdiction under the amendment interferes with the finding of facts by the courts below. , The CPC can be justified by the High Court only if it was stated that the misrepresentation of evidence or the failure to consider important and material evidence suffered or the question of fact by the courts was wrong. The incorrect / incorrect concluding result was found on the records due to the distorted definition of the evidence. The lower court was not open to interference of the High Court in exercising its jurisdiction under Section 115, CPC

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