Case Details

Citation(s)
2006 SLG 527 2006 SLD 527 2006 PLD 611
Lahore High Court
R.A. No. 4 of 2002 in Intra-Court Appeal No. 215 of 1998, decided on 3rd May, 2006
MAULVI ANWARUL HAQ AND MUHAMMAD, JEHANGIR ARSHAD, JJ
Muhammad Ameer Bhatti for Applicant. Muhammad Mehmood Ashraf Khan for
Respondent

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman WAPDA, Lahore and 6 others

VS

KHALID PERVAIZ

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 114 & O.XLVII, R.1---Review jurisdiction, exercise of---Scope---Conscious and deliberate decision of Court, even though erroneous, would not be open to review---Review not competent on a ground already advanced and attended to by Court---Review could lie on the ground of an error of fact or law to be self-evident and floating on surface of record, which no Court could permit to remain on record---Principles. Where a conscious and deliberate decision has been made with regard to the nature of the orders, which it is empowered to pass under a provision of law only, the exercise of review jurisdiction cannot be invoked by means of rehearing of the matter: and that a decision even though it is erroneous per se would not be a ground to justify its review as review can only lie on the ground of an error which is apparent on the face of record and must be manifestly so clear that no court could permit such an error to remain on the record. It may be an error of fact or of law, but it must be an error which is self-evidence and floating on the surface and does not require any elaborate discussion or process of ratiocination and no review lies on the grounds which were already advanced at the hearing of the appeal or petition and were attended to by the Court. Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 ref. Mian Rafiq Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1997 SC 865 rel. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---This R.A. seek review of the order dated 15-10-2001 passed by a learned Division Bench of this Court whereby I.C.A. No.215/1998 was disposed of and the judgment of the learned Single Judge of this Court dated 9-9-1998 referring the matter in dispute to the Electric Inspector, was maintained. 2. The facts in brief are that respondent namely Khalid Pervaiz filed a W.P.No.4363/1998 seeking declaration that the action of the applicant WAPDA (Water and Power Development Authority) of checking the electricity installations, disconnecting the electricity connection and charging him with the detection bill to the…
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