| Citation(s) |
|---|
| 2015 SLG 2303 2015 SLD 2303 2015 CLC 801 |
Lahore High Court
Civil Miscellaneous No. 898-C of 2011 in Civil Revision No. 535-D of 1999 and Civil Miscellaneous 108-C of 2011 in Civil Revision No. 536-D of 1999, decided on 10th December, 2012.
IBAD-UR-REHMAN LODHI, J
Malik Muhammad Rafique Rajwana for Petitioner. Muhammad Aurangzeb Khan, Asstt. A.G. for
Respondents
Civil Miscellaneous No. 898-C of 2011 in Civil Revision No. 535-D of 1999 and Civil Miscellaneous 108-C of 2011 in Civil Revision No. 536-D of 1999, decided on 10th December, 2012.
IBAD-UR-REHMAN LODHI, J
Malik Muhammad Rafique Rajwana for Petitioner. Muhammad Aurangzeb Khan, Asstt. A.G. for
Respondents
FIDA MUHAMMAD
VS
PROVINCE OF PUNJAB through Collector, Muzaffargarh and 4 others
Law:
Section:
Civil Procedure Code (V of 1908)--- ----S. 115 & O. XLI. R. 27---Revisional jurisdiction---Scope---Production of additional evidence in revision application filed under S.115, C.P.C.---Scope---Provisions of O.XLI, R.27, C.P.C. were strictly applicable to proceedings carried out in appeals against original decrees---Section 115, C.P.C. was a complete code which provided no mechanism to enable any party in a revision application to pray for production of additional evidence---Revisional Court could revise and correct orders passed by subordinate courts, but could not correct the errors made by the parties to the case---Appellate Court, if, in the exercise of jurisdiction vested in it under O.XLI, R.27, C.P.C. acts illegally or with material irregularity, and if on such account of the same factual error was committed, only then in revisional jurisdiction, additional evidence could be admitted in a fit and proper case for clarification if the same was essential for a just decision---Exercise of suo motu powers under S.115, C.P.C. was always to be based on some reasoned order upon which some extraordinary direction could be issued. Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88; Ghulam Muhammad and another v. Muhammad Aslam and others PLD 1993 SC 336 and Ghulam Muhammad v. Mian Muhammad and another 2007 SCMR 231 ref. Ghulam Muhammad's case PLD 1993 SC 336; Mohabbat v. Asadullah Khan and others PLD 1989 SC 112 and Mst. Fazal Jan v. Roshan Din and 2 others PLD 1992 SC 811 rel. ORDER C.M. Nos.898-C and 108-C of 2011 IBAD-UR-REHMAN LODHI, J.--- I propose to dispose of C.M.No.898-C of 2011 in Civil Revision No.535-D of 1999 and C.M.No.108-C of 2011 in Civil Revision No.536-D of 1999, as in both these petitions, production of additional evidence is prayed for. 2. First appeal i.e. Civil Appeal No.7-13 of 1999 was decided by a learned Additional District Judge, Kot Addu, camp at Muzaffargarh, on 9-7-1999. The findings arrived at by the said first appellate Court were challenged in Civil Revision No.535-D of 1999. Once it was heard and the judgment was reserved, but before the judgment was announced, C.M.No.898-C of 2011 was filed from petitioner's side…
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