| Citation(s) |
|---|
| 2011 SLG 569 2011 SLD 569 2011 CLC 381 |
Sindh High Court
Constitutional Petition No. S-1786 of 2010, decision dated: 11th, October, 2010
IMAM BUX BALOCH, J
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Constitutional Petition No. S-1786 of 2010, decision dated: 11th, October, 2010
IMAM BUX BALOCH, J
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Mst. SAIQA
VS
PROVINCIAL POLICE OFFICER, SINDH and 8 others
Law: Civil Procedure Code (V of 1908)
Section: S.114,O.XLVII
Law: Civil Procedure Code (V of 1908)
Section: S.114,O.XLVII
Civil Procedure Code (V of 1908)-------Ss. 114 & 47---Review---Object and scope---Applicants/respondents sought review on the ground for the first time, that their denial of allegations levelled by the petitioner was not considered by the court---Validity---Applicants did not point out any error or typographical mistake in the impugned order---Scope of review proceeding being limited and object of review was to correct serious error in the order resulting in miscarriage of justice---Grounds not taken at the earlier stage could not be allowed to be raised at later stage---Mere fact that another view of the matter was possible or the conclusion drawn in the was wrong would not be a valid ground for review of the unless the court had failed to consider important question of law---Impugned order was passed after considering material on record---Review application was dismissed. Abdul Hakeem and others v. Khalid Wazir 2003 SCMR 1501 and Mehdi Hassan v. Province of Punjab through Member Board of Revenue and others 2007 SCMR 755 fol. Nisar Ahmed G. Abro for Respondents Nos. 6 and 7. Naimatullah Bhurgri for the State Counsel. ORDER IMAM BUX BALOCH, J.---Through this Miscellaneous Application No. 7391 of 2010, the applicants/respondents Nos. 6 and 7, S.I.P Fida Hussain Langah SIO Police Station Darri, Larkana and ASI Muhib Ali Mangi of Investigation Branch Police Station Darri, Larkana, seek review of order dated 4-10-2010, passed by this Court, on the ground that as both the applicants/respondents have denied all the allegations levelled in the petition and this Court has not considered the statements of applicants/respondents. Learned counsel for applicants/respondents has not pointed out any error or typographical mistake to review order dated 4-10-2010. The scope of proceedings are limited and the aim of review is that there should be an error in the order and the error is so serious, which has caused miscarriage of justice. Section 114, C.P.C. reads as under: 114. Review. (1) Subject as aforesaid, any person considering himself aggrieved-- (a) by a decree or order from which an appeal is allowed by this Code but from which no appeal has been preferred, or (b)…
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