Law: Civil Procedure Code (V of 1908)

Section: 110

P L D 1957 (W. P.) Peshawar 97       Civil Procedure Code (V of 1908),   S. 110--Judgment of affirmance--Later, reviewed, and partly varied in favour of respondent who then applied for certificate of fitness for appeal to Federal Court--No substantial question of law involved --Certificate not granted.   The judgment in appeal of the Court of the Judicial Com missioner, was one the affirmance of the judgment and decree of the Senior Subordinate Judge awarding a decree to the plaintiff of a certain share of property in dispute but, on a petition of review by the respondent, the share awarded was varied and reduced, to the advantage of the respondent. The latter then applied under section 110, Civil P. C. for a certificate of fitness for appeal to the Federal Court.   It was argued by the respondent's counsel that the judgment and decree of the lower Court, after the order passed on review, had not remained one of affirmance and that, therefore, the respondent was entitled as of right to the certificate prayed for.   Held, that the slight variation made in the judgment, was made at the instance of the respondent and in his interest. The variation was made on account of the fact that an error on the face of the record had been made by the learned trial Court. With regard to all other matters the judgment in appeal was that of affirmance of the lower Court's judgment. Under the circumstances the respondent was not entitled as of right to the certificate asked for.     Date of hearing: 18th February 1957     JUDGMENT   MUHAMMAD SHAFI, J.---The facts of the case are given in the order, dated the 14th of the December 1953 of the Division Bench of the defunct Court of the Judicial Commissioner, of which one of us was a party and also wrote the judgment. By this order, the Court of the Judicial Commissioner upheld on appeal by one Muhammad Isa Khan, it defendant, in the case; the judgment of Mr. Abdullah Jan Mirza, Senior SubJudge, Mardan, dated the 28th of March 1951, whereby Mst. Rekhmina's suit for possession of her father's property i.e., 7/64th share of land measuring 1220 Kanals 19 Marlas…