Law: Punjab Partition of Immovable Property Act, 2012

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: 114,1

(a) Punjab Partition of Immovable Property Act, 2012 (IV of 2013)--- ----S. 4---Suit for partition----Scope----Claim for partition is a recurring cause of action and unless the division of the joint property had been finalized each party remains participant of the partition proceedings and has right to claim his share and that right is not lost. (b) Civil Procedure Code (V of 1908)--- ----S. 114, O. XLVII, R. 1---Scope---Held, that scope of review is very limited and review can be sought in an extraordinary situation and it cannot be taken as a matter of routine and review jurisdiction can be invoked only where discovery of some new and important evidence which despite exercise of due diligence is not within the knowledge of party and so could not produced by him when order was being passed or on account of some mistake or error on the face of record----Review jurisdiction is to be exercised within strict parameter laid down in O. XLVII, C.P.C and failure of a party to appear on a date of hearing is no ground for review of passed in his absence---Review jurisdiction is confined to the extent of patent error or a mistake floating on surface of record, which, if not corrected, may perpetuate illegality and injustice---Points already raised and considered by Court cannot be reagitated in review jurisdiction---Mere fact that another view of matter was possible or conclusion drawn in impugned was wrong will not be a valid ground to review a , unless it is showed that the Court has failed to consider an important question of law---Civil revision was dismissed. Mst. Gul Safia Bibi and another v. Al-Haj Muhammad Nazir and 2 others 2016 CLC 10; Iqbal Pervaiz and others v. Harsan and others 2018 SCMR 359; Sh. Mehdi Hassan v. Province of Punjab through Member, Board of Revenue and 5 others 2007 SCMR 755; Mst. Aisha and others v. KMC Defunct, succeeded by City District Government Karachi and others 2005 YLR 175 and Mussrat Nazir v. Malir Development Authority through Director General, Memon Goth, Malir and 4 others 2009 MLD 167 rel. JUDGMENT SAFDAR SALEEM SHAHID, J.---This revision petition has been directed against the order dated 02.10.2021, whereby the petition seeking…

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