Case Details

Citation(s)
2018 SLG 1832 2018 SLD 1832 2018 MLD 1339
Peshawar High Court
Revision Petition No. 1-C of 2016 with C.M. No. 55-M of 2016 in C.R. No. 29 of 2013, decided & hearing on 21-03-2018.
MUHAMMAD NASIR MAHFOOZ, JUSTICE
Abdul Wali Khan for Petitioner. Rafiq Ahmad, Assistant A.G for Official
Respondents.

MUHAMMAD SALEEM KHAN THROUGH L.RS. AND OTHERS

VS

GHAZI AHMAD AND 20 OTHERS

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, R. 1---Limitation Act (IX of 1908), Art. 162---Review of of High Court---Scope---Limitation---Review petition was filed after the period of three years and seven months---Application for condonation of delay did not explain the cause of such delay---Exercise of review jurisdiction was limited in scope---Petitioners through review petition wanted to re-open the case which had already been decided---Court, as an appellate Court could not hear the matter of its own even if the same was erroneous---Petitioners had failed to point out any floating error worth consideration for review---Review petition being barred by time, was dismissed in the circumstances. Sadaqat Ali Khan through LRs and others v. Collector Land Acquisition and others" PLD 2010 SC 878 rel. (b) Limitation Act (IX of 1908)--- ----Art. 162---Review of of High Court---Limitation---Limitation for filing review petition against the order of High Court was twenty days. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Through this review petition the petitioners have sought indulgence of this court in an order passed on 22.04.2013, in RFA No. 29/2013, vide which the same was dismissed in limine holding the same as revision petition and barred by time. 2. I have heard the arguments of the learned counsel for the parties and perused the record. 3. Perusal of record reveals that instant review petition has been filed on 14.11.2016, by respondents. Since the order impugned has been passed on 22.04.2013 and the instant review petition is filed after period of about 03 years and 07 months whereas the limitation for filing of review petition as provided by Article 162 of Limitation Act, is 20 days. Furthermore, the application for condonation of delay filed by the petitioners does not explain the fact as to why delay occurred in filing of this petition. 4. Besides above legal aspects of the case, the petitioners in this review petition wanted to reopen the case which had already been decided. This court otherwise could not hear the matter as appellate court of its own judgment even if the same is erroneous as per version of learned…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492