PLD 2022 SC 353
Jurisdiction of Revisional Court
Interference of the concurrent findings of facts.
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The trial and appellate courts had rightly found the preponderance of probability in favour of the appellants in accepting their assertion of their relationship with Nasir-ud-din, whereas the revisional court appears to have exceeded its jurisdiction by setting aside their findings. We note that the concurrent findings on the crucial issue of relationship recorded by the two courts was set aside by re-appraising the evidence, without pointing out, what material evidence was misread or non-read by the courts below or how their appraisal of evidence was perverse or absurd. Needless to mention that a revisional court cannot upset a finding of fact of the court(s) below unless that finding is the result of misreading, non-reading, or perverse or absurd appraisal of some material evidence. The revisional court cannot substitute the finding of the court(s) below with its own merely for the reason that it finds its own finding more plausible than that of the court(s) below.
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