Case Details

Citation(s)
2017 SLG 988 2017 SLD 988 2017 PLJ 117
Supreme Court of Pakistan
C.R.P. No. 100 of 2016 in C.P. No. 2364 of 2015 & C.R.P. No.101 of 2016 in C.P. No. 2365 of 2015, decided on 29.9.2016.Date of hearing: 29.9.2016 (Against the order Dated31.12.2015 passed by this Court in CPs No. 2364 and 2365 of2015)
MIAN SAQIB NISAR, JUSTICE, MUSHIR ALAM, JUSTICE, TARIQ PERVEZ, JUSTICE.
Mr. Mudassir Khalid Abbasi, Asstt. AG, Ch. M. Rafiq, Legal Advisor, Distt. Govt. Sahiwal Abdul Rauf Sindhu, Legal Advisor TMA Sahiwal,Rana M. Yousaf, Tehsildar, Sahiwal for
Respondents.

MIAN ASGHAR ALI - ERVSGOVERNMENT OF PUNJAB THROUGH SECRETARY (COLONIES) BOR, LAHORE AND OTHERS --RespondentS

Law:

Section:

Colonization of Government Land Act, 1912 (V of 1912)-- ----S. 30(2)--Cancellation of sale--Review beyond limitation--Review petitioner who was neither in possession nor tenant--Order for cancellation of conveyance deed through private treaty was passed by BOR--Review petitions were dismissed as withdrawn--Validity--No exception to cancellation of sale deed obtained by review petitioner by misrepresentation and through fraudulent means, by BOR, under Section 30(2) of Act, 1912 could now be agitated in subsequent proceedings, founded entirely on different cause of action obliquely--Controversy raised by petitioner culminating into review petition is not arising out of order, of cancellation of sale-deed by way of private treaty but, order passed by BOR, whereby his request for allotment of alternate land was declined for valid reasons. Civil Procedure Code, 1908 (V of 1908)-- ----S. 114 & O. XLVII, Rr. 1 to 6--Appellate jurisdiction and review jurisdiction--Difference--Appellate jurisdiction is always exercised by a higher Court/forum/authority or a level Court/forum/authority that adjudicated and decided lis, whereas review jurisdiction arms very Court/forum/authority to correct its own mistake or error that crept in order or decree and is apparent on face of record--Right to seek review is substantive right conferred by law that enables Court, which decided lis before it to, correct its own mistake, or error on grounds specified and in manner circumscribed by Constitution, any special statute governing review and where applicable under Section 114 r/w Order XLVII Rule 1 to 6 of CPC--Authority to review decree or order is possessed by very Judge/Court or forum/authority, which passed decree or order and by no other Judge/Court forum/authority--Exception to exercise of such review jurisdiction by a judge or Court other than one that passed decree or order (not being High Court) is provided under Rule 2 of Order LXVII, whereby a judge, successor to judge who passed decree or order subject to review, enjoys plenary powers to hear and decide review application which fall within parameter prescribed by Rule 1 and set out in Rule 2 of Order XLVII, CPC. Civil…
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