Law: Civil Procedure Code (V of 1908)

Section: 152,153,115,151,O.XLI

Law: Civil Procedure Code (V of 1908)

Section: 152,153,115,151,O.XLI

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 46

(a) Civil Procedure Code (V of 1908)-------Ss. 152, 153 & O.XLI---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.46---Azad Jammu and Kashmir Courts and Laws Code, 1949, S.35---Amendment of and decree or orders---Scope---Defendant had impugned the order passed by the Trial Court, whereby an application for correction of and decree pertaining to description of suit property was allowed---Remedy of appeal which was available to the defendant under O.XLI, C.P.C., had not been availed by him; and after expiry of period for filing appeal, had filed revision petition---Validity---Under S.46 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 and S.35 of Azad Jammu and Kashmir Courts and Laws Code, 1949 for doing complete justice, powers of superintendence and control, could be exercised by High Court, where the interest of justice so demanded---Defendant having failed to avail remedy of appeal available to him, without any lawful reason, question of exercising inherent powers, would not arise in the case, when no gross injustice was committed in the case by the Trial Court---No illegality having been committed by the Trial Court while passing the impugned order, revision petition was dismissed, in circumstances. Fazal Din v. Rehabilitation Commissioner (Lands) and 2 others 1987 CLC 1053; Pakistan Day/Memorial Committee and another v. Mian Abdul Khaliq and Co., Lahore 1987 CLC 1169; Muhammad Yasin and 8 others v. Abdul Hameed and 21 others 2010 CLC 230; Anees A. Sheikh v. Co1. (Retd.) Ghulam Masood Qureshi 2005 SCMR 977; Muhammad Saleem v. Azad Government and 4 others 2006 SCR 88; Piran Ditta v. Fazal Nabi PLD 1992 SC (AJ&K) 1; Mst. Miran v. Mir Hussain and another 1980 CLC 549; Mst. Bundi Begum v. Munshi Khan and others PLD 2004 SC 154; Fazalur Rehman v. Muhammad Ilyas and 2 others 1991 MLD 2178; AJ&K University v. Mir Alam and 43 others 2002 YLR 549 and Mir Zaman Abbasi and 7 others v. AJK Government and 2 others 1997 CLC 1722 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss. 152 & 153---Amendment of s, decrees and orders and correction of errors in s, decrees and orders---Scope---Section 152, C.P.C. related to…

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