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DILBAR versus MUHAMMAD SHARIF


Read with section 15 (4) of the Civil Procedure Code (vs. 1908), the Section 100 Second Appeal Court will decide to enter into questions about the facts of the first appellate court and decide whether the lower court is wrong. But the other appellate court cannot. Enjoy the questions that a second appeal about stability by the court in seeking facts is against substantial error or defect. Anything wrong or wrong with the decision about the credibility of the witness, neither the error of the law nor the procedural error offer a scope for the second appeal [Second Appeal]

1981 C L C 86

[Peshawar]

Before Muhammad Khurshid Khan, J

DILBAR‑Appellant

versus

MUHAMMAD SHARIF AND 8 OTHERS‑‑Respondents

Second Appeal from Original Order No. 3 of 1979, decided on 13th April, 1980.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

---S. 15(4) read with Civil Procedure Code (V of 1908), S. 100 Second appeal‑Court of first appeal‑Competent to enter into question of fact and decide whether findings of fact by lower Court erroneous or not‑Court of second appeal however not competent to entertain questions as to soundness of a finding of fact by Court below‑Second appeal lies against substantial error or defect‑Erroneous finding of fact‑Different thing from an error or defect in procedure‑Decision as to credibility of witness Neither an error of law nor of procedure hence cannot furnish a ground for second appeal.‑[Second appeal].

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