Law: Civil Procedure Code (V of 1908)

Section: 1

Civil Procedure Code (V of 1908)--- ----S.114 O. XLVII, R. 1---Review of a ---Scope---Suit was dismissed against which appeal was filed---Appellate Court dismissed the appeal against which review petition was moved---Contention of petitioners was that impugned was not in accordance with law---Appellate Court accepted the review petition and suit was remanded---Validity---Pleas raised by the petitioners did not fall within the parameters of review---Review was permissible only when some mistake or error was apparent on the face of record---Point already raised and considered by the Court could not be re-agitated in review jurisdiction---Point which never remained the controversy could not for the first time be placed before the Court for reviewing the or orders were estopped by their own conduct when they had acquiesced by raising the very plea at proper time---One could not make a new case by invoking the review jurisdiction of the Court---Court could not sit as Court of appeal against his own ---Court below while hearing the review petition had reappraised the entire record as a Court of appeal and had travelled beyond the scope of review---Court below while passing the impugned order had committed illegality---Impugned order passed by the Court below was set aside and and decree of the Trial Court were restored---Appeal was allowed, in circumstances. Haji Muhammad Botta and others v. Member (Revenue) BOR and others PLD 2010 SC 1049; Mehmood Hussain Lark and others v. Muslim Commercial Bank Limited and others 2010 SCMR 1036; PLD 2004 SC 801; 2007 SCMR 755; PLD 1991 SC 905; 2003 MLD 02 and PLD 2005 Kar. 327 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- -This appeal is directed against the judgment and order dated 10.06.2010 of learned Additional District Judge-II, Swabi, whereby the review petition filed by respondents against the judgment and decree dated 17.05.2010 was allowed. 2. Facts, in brief, are that the predecessor of appellants Said Qurash has filed a suit for declaration that the property bearing khasra No. 5077 and 4360, measuring 08 kanals and 16 marlas, vide Jamabandi 1959-60, situated in the estate of Kalu Khan of Tehsil Swabi is his…

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