Law: Civil Procedure Code (V of 1908)

Section: 114,1,2,115

(a) Civil Procedure Code (V of 1908)--- ---S.114 ,  O. XLVII, Rr.1 ,  2---Review---Scope---Review could only be allowed when some new and important matter or evidence has been discovered, which after exercise of due diligence is not within knowledge---Order can be reviewed only in view of some mistake or error apparent on the face of record, which must be so manifest, so clear that no Court can permit such an error to remain on record. Mahmood Hussain Lark and others v. Muslim Commercial Bank Limited and others 2010 SCMR 1036 and Syed Wajihul Hassan Zaidi v. Government of the Punjab and others PLD 2004 SC 801 ref. (b) Civil Procedure Code (V of 1908)--- ---S.114 ,  O. XLVII, Rr. 1 ,  2---Review---Scope---Most essential requirement for invoking review jurisdiction of the Court is that important evidence having a material bearing upon the merits of the case and decision thereof, is subsequently discovered, which is neither in the possession nor in the knowledge of the aggrieved party before passing of the order sought to be reviewed. (c) Civil Procedure Code (V of 1908)--- ---S.114 ,  O.XLVII, Rr.1 ,  2---Review---Scope---Points already raised and considered could not be re-agitated in review jurisdiction. Sh. Mehdi Hassan v. Province of Punjab through Member, Board of Revenue and 5 others 2007 SCMR 755 ref. (d) Civil Procedure Code (V of 1908)--- ---S.115---Revision---Scope---High Court could interfere, in revisional jurisdiction, only where the subordinate Court exercised a jurisdiction not vested in it or failed to exercise a jurisdiction vested in it, or acted in the exercise of its jurisdiction illegally or with a material irregularity. (e) Civil Procedure Code (V of 1908)--- ---S.114---Review jurisdiction of High Court---Scope---Review proceedings could not partake rehearing of a decided case---High Court in exercise of its review jurisdiction could not sit as a court of appeal against its own order. ORDER Through this review application, applicant Fayyaz Ahmed seeks review of the judgment dated 9.4.2019 passed by this Court in Civil Revision No.68-D of 2014 whereby while dismissing the revision petition the judgments and…

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