Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 114,1

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----S.114 & O. XLVII, R. 1---Constitution of Pakistan, Art. 199---Constitutional petition---Review of a order---Requirements---Expression 'sufficient reasons'---Scope---Parties, in the present case, had consented for passing direction to the Court below but the High Court disposed of the constitutional petition---Validity---Powers of review could be exercised only when before passing the order (under review) some important facts were not produced by the parties before the Court nor with due diligence same could surface during the proceedings preceding the passing of the order or an omission or error was apparently floating on face of the record---Court of review had limited jurisdiction circumscribed by the definite limits fixed by the language used in the relevant provisions---Error on the part of the Court while passing the order under review was on record---Expression 'sufficient reasons' did include a misconception of fact or law by a Court or even by a counsel---Application for review might be necessitated by invoking the doctrine 'actus curiae neminem gravabit'---Order could be reviewed if there was a mistake or error apparent on the face of record---Constitutional petition had not been decided on merits in the present case---Applicant had made out a case for review of impugned order---Review petition was accepted, in circumstances. Mst. Nazir v. Hafiz Ghulam Mustafa 1981 SCMR 200; Mst. Rukaya Bibi v. Noor Akbar 1984 NLR 273; Muhammad Aslam v. Nazish Qazi and others 2018 YLR 1771 and Shabana Naz v. Muhammad Saleem 2014 SCMR 343 ref. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Applicant has filed Application (M.A No. 7829/2018) under Section 114 read with 151, C.P.C, 1908 before this Court on 21.12.2017 with a prayer that this Court may be pleased to review and / or recall the order dated 16.11.2017 passed by this Court in the aforesaid petitions and further be pleased to hear the same on merits. I have gone through contents of the aforesaid order, the operative part of which is reproduced as under:- "Learned Counsel agree that a direction be issued to the learned Trial Court i.e. Guardian court…

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