“Heard. From the impugned judgment of
the learned High Court, it is eminently
clear that the evidence of the respondent
side was only considered and was made
the basis of setting aside the concurrent
finding of facts recorded by the two courts
of fact; whereas the evidence of the
appellant was not adverted to at all,
touched upon or taken into account, this is
a serious illegality committed by the High
Court because it is settled rule by now
that interference in the findings of facts
concurrently arrived at by the courts,
should not be lightly made, merely for the
reason that another conclusion shall be
possibly drawn, on the reappraisal of the
evidence; rather interference is restricted
to the cases of mis-reading and nonreading of material evidence which has
bearing on the fate of the case.”
2011 SCMR 1073
Used In judgment of:
Lahore High Court
WP- Family Law
15651-12
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