Case Details

Citation(s)
2017 SLG 2273 2017 SLD 2273 2017 CLC 1353
Sindh High Court
Civil Revision Application No. 106 of 2009, decision Dated: 27-01-2017. Hearing Date : 13-01- 2017.
2017, MUHAMMAD HUMAYON KHAN, JUSTICE

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MOLVI MUHAMMADIN

VS

MUHAMMAD BACHAL AND ANOTHER

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -----S. 114 & O. XLVII---Review---Principles---Repetition of same grounds---Scope---Both the parties to the revision moved the court to review the /order---Validity---Review petitioner(s) had repeated same grounds which were argued at the time of hearing main revision petition and pleaded in review application---Petitioner had failed to point out any error in the ---Review petition was misconceived and not maintainable in law. (b) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, R. 3---Review---Form of draft of review petition---Provisions as provided in R.3 of O.XLVII, C.P.C. were mandatory and the review petition should be drafted in the manner on which appeal was drafted---Review petition, in the present case, was not drafted in the form as provided in O.XLVII, R.3, C.P.C., the same was not maintainable in law---Where a particular procedure was prescribed for doing something, that thing must be done according to that procedure, otherwise, the entire proceedings would be illegal or irregular---Courts while interpreting the law would not read anything, which was not provided in the law, which had to be interpreted as it stood in the statute book. Khyber Tractors (Pvt.) Ltd. through Manager v. Pakistan through Ministry of Finance, Revenue and Economic Affairs, Islamabad PLD 2005 SC 842; Hafeezullah and others v. Abdul Latif and others PLD 2002 Kar.457; Muhammad Idrees v. Collector of Customs and others PLD 2002 Kar. 60; Imran Saeed v. The State 2001 PCr.LJ 1365 and Qamar ul Islam and another v. District and Sessions Judge/Chairman Election Tribunal, Nawabshah and others PLD 2005 Kar. 591 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII---Court Fees Act (VII of 1870) Sched.I Item 5---Review---Court fee for review petition---Scope---Review petitioner had affixed court fee of Rs.5/- only---Validity---Petitioner was required to pay court fee upon review petition one-half of the fee leviable on the memorandum of appeal as provided in Item 5 of Sched.-I of Court Fees Act, 1870. (d) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII---Review---Principles---Power of…
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