Law: Civil Procedure Code (V of 1908)

Section: 114,O.XLVII,R.1,2

Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, Rr. 1 & 2---Review---Scope---Conscious, deliberate and reasoned verdict passed by Court after appreciating the material available on record could not be called in question through the process of review either on the ground of erroneousness of decision or incorrectness of the view arrived at---Philosophy of finality attached to a was the paramount consideration with the aim to put an end to litigation and review was merely an exception to the said principle---Review jurisdiction could only be invoked if the error of fact or law was certain, evident, patent and apparent on the face of record, which should not require any elaborate probe to prove its correctness, otherwise it would be a case of appeal. Sh. Mehdi Hassan v. Province of Punjab through Member, Board of Revenue and 5 others 2007 SCMR 755 foll. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, J.--- The compendium facts of the case were that Muhammad Aslam, father of the applicants and Muhammad Ashraf, predecessor-in-interest of respondents Nos.1(a) to 1(h) were brothers inter se and admittedly Muhammad Ashraf was the exclusive titleholder of the subject property. The applicants on 05.05.2008 instituted a declaratory Suit No.231-1 styled as "Muhammad Rehan, etc. v. Muhammad Ashraf, etc.", against their uncle Muhammad Ashraf and others for the confirmation of their ownership with regard to subject property contending therein that the latter through unregistered memo. of gift had transferred the property to their father and in acknowledgement thereof, a registered Power of Attorney was also executed in his favour, who subsequently transferred the same by means of another unregistered agreement of gift to the applicants. In contra, their uncle Muhammad Ashraf also instituted a rival Suit No.233-1 on 04.06.2008 to call in question the unregistered memos. of gift as well as registered Power of Attorney claiming those to be forged, fictitious and result of fraud as well as misrepresentation. Although in both the suits, the issues were settled separately and evidence was also recorded independently, yet at a later stage, with consent of…

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