Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,R.1

(a) Civil Procedure Code (V of 1908)--- ----O. XLVII, R. 1---Review of ---Grounds. Following are the grounds on which review of a can be sought under O. XLVII, R. 1, C.P.C: (i) Discovery of new and important matter of evidence, which after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decree was passed or order was made. (ii) Mistake or error apparent on the face of the record (iii) For any other sufficient reason. (b) Civil Procedure Code (V of 1908)--- ----O. XLVII, R. 1---Review of ---Grounds---Scope---Error apparent on the face of record---Scope---Error which was not self-evident and had to be detected by a process of reasoning, could hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under O. XLVII, R. 1, C.P.C---In exercise of jurisdiction under O.XLVII, R.1, C.P.C, it was not permissible for an erroneous decision to be re-heard and corrected---Review petition had a limited purpose and could not be allowed to be an appeal in disguise. JUDGMENT WAQAR AHMAD SETH, J.---Ghulam Mustafa and others petitioners seek review of judgment and decree dated 15-10-2012 passed by this Court in Civil Revision No.52-A of 2005, inter alia, on the grounds that the Honour'able Judge while passing the judgment and decree ignored the record of rights, the report of local commission, long standing entries recorded in favour of petitioners right from the settlement of 1948-49 till 1982-83 and reversed the concurrent findings of facts recorded by the courts below. 2. Arguments heard and record perused. 3. A perusal of impugned judgment would reveal that learned counsel for the parties advanced lengthy arguments in the case and it has been pronounced on 15-10-2012 in presence of the parties and their counsel after hearing the learned counsel for the parties and appraisal of the record of the case. It would be appropriate rather just for appraisal purposes of the facts to reproduce the relevant portions of the impugned judgment for sake of convenience, as under:- The main grievance of the petitioner was that he as per revenue record is…

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