| Citation(s) |
|---|
| 2017 SLG 2246 2017 SLD 2246 2017 CLC 1137 |
Lahore High Court
Review Application No. 05 of 2017 in W.P. No. 14685 of 2014, decision Dated: 10-4-2017.
ABID AZIZ SHEIKH, JUSTICE, JAWAD HASSAN, JUSTICE
Muhammad Suleman Bhatti for Applicants. Rana Asif Saeed and Kh. Omer Masood for
Respondents.
Review Application No. 05 of 2017 in W.P. No. 14685 of 2014, decision Dated: 10-4-2017.
ABID AZIZ SHEIKH, JUSTICE, JAWAD HASSAN, JUSTICE
Muhammad Suleman Bhatti for Applicants. Rana Asif Saeed and Kh. Omer Masood for
Respondents.
BURHAN UD DIN QURESHI
VS
THE BANK OF PUNJAB AND OTHERS
Law:
Section:
Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, R. 1---Limitation Act (IX of 1908), S.5---Review---Scope--Limitation---Condonation of delay---Sufficient cause---Scope of review was limited and only the error floating on record could be seen while reviewing the order impugned---Error which could be ground of review must be one which should be apparent on the face of record---Incorrectness of a conclusion arrived at after a conscious perusal of record and in depth examination of evidence could not be made a ground for review---Court could not re-hear appeals against its own order---Factum that a material irregularity was committed by the Court would not be adequate enough to review unless such irregularity was of a nature so as to convert the process of acting in aid of justice to a process of injustice---Applicant had failed to point out an error in the impugned order floating on the face of record so as to justify interference in exercise of review jurisdiction---Where review of any lis would change its foundation the same was not permitted---No reason or justification, in the present case, had been extended justifying delay in filing review petition---Departmental correspondence was neither cogent nor confidence inspiring to extend favour for condonation of delay---Delay in filing of review petition was not condonable when the applicant failed to show any sufficient reason---Review petition being not maintainable was dismissed in circumstances. Mehmood Hussain Lark and others v. Muslim Commercial Bank and others 2010 SCMR 1036; Shamim ur Rahman v. Fauji Foundation, Rawalpindi and another 1992 SCMR 1496 and Mst. Khalija Begum and 2 others v. Mst. Yasmeen and 4 others PLD 2001 SC 355 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.- Through this single judgment we intend to decide the instant Review Application as well as Criminal Original No. 179-W/2017 titled Burhan ud Din Qureshi v. Capt. (Retired) Zahid Saeed etc., as both the same are outcome of impugned order dated 16.01.2017 passed by the learned Single Judge in W.P. No. 14685/2014, whereby the writ Petition filed by the Applicant was allowed. 2. The Review Application is filed on the…
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