Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,R.1,S.114

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,R.1,S.114

(a) Punjab Pre-emption Act (IX of 1991)-------S. 6---Civil Procedure Code (V of 1908), S.114---Review---Suit for pre-emption---Trial Court decreed the suit---Appellate Court dismissed the suit holding that defendant was tenant on the suit land---Second appeal filed by plaintiff was dismissed by the High Court---Plaintiff filed review petition contending that the Appellate Court misread the evidence produced by defendant---Validity---Plaintiff, through review petition, sought reappraisal and deeper appreciation of evidence which had already been done by the court---Scope of review being limited, review application could not be entertained where attempt to re-argue the main case or reappraise the same material had been made through. such application---Error pointed out through review application must have material bearing upon the fate of the case---Plaintiff, in the present case, could not point out any patent error on the face of the record-Review application was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 114---Review---Scope---Scope of review was limited---Review application could not be entertained where attempt to re-argue the main case or reappraise the same material had been made through such application---Error pointed out in review application must have material bearing upon the fate of the case. Pakistan Lawyers Forum and others v. Federation of Pakistan and others PLD 2004 Lah. 145 and Water and Power Development Authority through Chairman WAPDA Lahore and 6 others v. Khalid Pervaiz PLD 2006 Lah. 611 rel. S. Sharif Ahmed Hashmi v. Chairman, Screening Committee Lahore and another 1981 SCMR 711 and Abdul Rauf and others v. Qutab Khan and others 2006 SCMR 1574 fol. M. Munir Paracha for Petitioner. Malik Qamar Afzal for Respondent. ORDER Petitioner-plaintiff filed a suit for possession of land measuring 277 Kanals, 8 Marlas through pre-emption against the respondent, the subject-matter of Mutation No.62 dated 28-7-1972. The written statement was filed by the respondent claiming that he was in possession of the suit land as tenant at will, therefore, the suit for pre-emption was not maintainable against him. The learned trial 'Court partially…

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