The scope of the constitutional petition for interference is very limited and it can only be interfered when the orders of the Courts below are fanciful or based on mis-reading or non-reading of the evidence”

24. Further, there are concurrent findings of both the learned Courts below against the petitioner. In case of concurrent finding of the courts below the scope of the constitutional petition becomes very limited. The petitioner has failed to point out any mis-reading or non-reading of the evidence. It has been laid down in Syed Arif Ali Sabri V. Abdul Samad through L.Rs. and 2 others (2008 YLR 2309) that “when there is concurrent findings of Courts below, the scope of the constitutional petition for interference is very limited and it can only be interfered when the orders of the Courts below are fanciful or based on mis-reading or non-reading of the evidence”. The same view has also been taken in Sadruddin v. Aslam Madad Ali and others (PLD 2008 Karachi 2005). 

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
WP- Family Law
19091-09
2014 LHC 5328

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search