Law: Civil Procedure Code (V of 1908)

Section: 114,O.XLVII,R.1

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Illegal Dispossession Act, 2005

Section: 9

(a) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, R. 1---Review---Scope---Although "review" had a very limited scope but the same did not mean abdication of the power of review in an omnibus fashion---Intent of Legislature while incorporating the power of review was that no error in the /order which was so manifestly floating on the surface should be allowed to perpetuate. (b) Illegal Dispossession Act (XI of 2005)--- ----S.9 ---Civil Procedure Code (V of 1908), S.114 & O. XLVII, R.1---Law Reforms Ordinance (XII of 1972), S.3 & proviso---Review---Nature of S. 9 of the Illegal Dispossession Act, 2005---Application of proviso to S. 3 of the Law Reforms Ordinance, 2009 upon cases where statute did not provide specific right of appeal---Scope---Question before the High Court was whether in the absence of remedy of appeal in the Illegal Dispossession Act, 2005, intra-court appeal relating to the same, can be dismissed under proviso to S. 3 of the Law Reforms Ordinance, 1972 and whether S.9 of the Illegal Dispossession Act, 2005 conferred right of appeal---Held, that right of appeal was creation of statute and such right could not be availed unless it was conferred in a clear manner by some enactment or statute or rules having sanctity of law and the said right could not arise by implication---High Court observed that had the intent of the Legislature in S. 9 of the Illegal Dispossession Act, 2005 been to provide remedy of appeal as contained in the Criminal Procedure Code, 1898 there was no need to later amend the Illegal Dispossession Act, 2005 in 2017 and inserting a specific right of appeal therein---High Court held that in absence of specific remedy of appeal, intra-court appeal could not have been dismissed, and the same was deemed to be pending before the High Court---Review was allowed, accordingly. R.M.A.R.A. Adaikappa Chettiar and another v. R. Chandrasekhara Thevar PLD 1947 PC 279; Muhammad Hussain and another v. Additional Sessions Judge, Multan and 2 others PLD 2013 Lah. 1; Syed Masroor Shah and others v. The State PLD 2005 SC 173; Mst. Inayatan Khatoon and others v. Muhammad Ramzan and others 2012 SCMR 229 and Mian Sharif Shah…

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