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FAZAL-UR-REHMAN versus BEGUM SUGHRA HAQUE

Section 12 Civil Procedure Code (V of 1908), the specific performance of the agreement to sell the final result of the fact by the courts under section 115 parties, contracted to sell the suit property in which the plaintiff paid a large sum of money. But the defendant refused to execute the sale against him. The balance judgment case was decided by the trial court in favor of the plaintiff and the appellate court upheld the CVC's decision and decree of section 115, CPC was applied in such cases, including illegal Involuntary, unprofessional, or malicious exercise of jurisdiction was involved. The final outcome of the law and the facts cannot be used against anyone who did not, in any way, affect the jurisdiction of the High Court, however wrong, wrong or inaccurate, the decision may be on the question of fact or law, Unless the decision was related to jurisdiction, it could have been resolved in an appeal for wrongful conclusion of law or fact but it had not been revised. On this basis, unless the conclusions reached, the error of the law was not clearly disclosed, nor was any such aspect presented, nor was it raised. It was apparently available in the present case to attract or incorporate the provisions of section 115. , Attempts were made to oust CPC decisions and orders that were not subject to any form of weakness or disorder, revocation in malicious or arbitrary matters was excluded. famous high court advocate from Warburton lawyer