MST. DILDAR BIBI versus MST. SYEDDA FATIMA BIBI
Section 21 Civil Procedure Code (v. 1908), Section 100 Second Appeal Question Definition of Factual Proof A pre-emptive claim was made on the basis of a water drain owned by the pre-emptor, while the trial court ruled that the case was overturned and the appellate court overturned the findings. That the drainage belonged to the pre-emperors, where there was no question of law and only a question of fact, such a question was properly decided by the appellate court that the High Court refused to intervene. In the exercise of the jurisdiction under section 100, the CPC, with the judgment and decree passed by the Lower Appellate Court, the second appeal was dismissed in the circumstances.
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