Law: Civil Procedure Code (V of 1908)

Section: 114,117

Law: Civil Procedure Code (V of 1908)

Section: 114,117

Civil Procedure Code (V of 1908)-------S. 114---Review---Scope---Court had inherent powers to rectify/review its own s or orders, if there appeared any error on the face of or order, if requested to be reviewed---Much difference existed between the "review of order" and "recalling the order", whereby the matter was disposed of finally---By "review of the order", the matter finally disposed of, could not be reargued in the garb of review; and the court could not hear the matter as an appeal against its own or order, even if the question of law and facts was involved, whereas by recalling the order of disposal of case finally, like the ex parte order or disposal of matter in non-prosecution, the parties were allowed to reargue the matter and place their case afresh. Raees-ud-Din v. Nasreen Anwar and others 2011 SCMR 998; Mst. Aziz Latif and others v. Lahore Development Authority 2011 SCMR 1494; Syed Arif Shah v. Abdul Hakeem Qureshi PLD 1991 SC 905; Rahim Jan v. Mrs. Z. Ikram Gardezi and others PLD 2004 SC 752; Mst. Fehmida Khatoon v. Additional Deputy Commissioner (Consolidation), Lahore and another PLD 1975 Lah. 942 ref. Shamshad Ali Qureshi for Petitioner. M.S. Qureshi for Respondent No.1. ORDER FAROOQ ALI CHANNA, J.--- Granted. 2. By this application, Advocate for the petitioner has requested for recalling the order dated 16-12-2011 whereby the petition was dismissed, on the ground that the order was passed without an opportunity of hearing to the Advocate for the petitioner and going through the documents attached with the petition. The background of the petition was that the petitioner assailed the concurrent findings of the two Courts below passed in Rent Application No.122 of 2003 by the learned VIth Rent Controller, Karachi (Central) directing the ejectment of petitioner from the rented premises and upheld in F.R.A. No.10 of 2005 by learned IInd Additional District Judge, Karachi (Central). Both the orders were impugned in this petition. After notice to the Respondents, matter was fixed for hearing on 16-12-2011 and was dismissed in limine with no order as to cost. The petitioner thereafter filed instant application for recalling the order dated…

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