Law: Constitution of Pakistan 1973

Section:

Law: Civil Procedure Code (V of 1908)

Section:

  Constitution of Pakistan (1973)-- ---Art. 189---Civil Procedure Code (V of 1908), 5.115---Decision of Supreme Court would be binding on parties as well as on all other forums---Revision petition as per order of remand of High Court stood adjudicated by Settlement Authorities, decision whereof was upheld by the High Court and the Supreme Court---Revision petition, thus, was not a pending matter and the same stood finally determined by the Supreme Court---Rights of parties were thus finally determined by the Supreme Court and parties were bound by it under Art.189 of the Constitution. Civil Procedure Code (V of 1908)-- -0. XLVII, R.4(2)---Review---Notice---Where review sought was in respect of an order dismissing an appeal in a summary manner, no notice was necessary to the respondent in the appeal, for the reason that he was at that stage not yet an opposite-party within the meaning of proviso to R. 4(2), O. XLVII of C.P.C.-- Where a Court comes to a conclusion that the order passed by it is without jurisdiction or suffered from illegality on the face of the record, it has inherent powers incidental to the dispensation of justice to re-call that order. Janaki Nath Hore and another v. Probhasini Dasi 30 IC 898; Muhammad Zahuruddin v. Nuruddin 14 MU 7; Official Trustee of Bengal v. Benods Behari Ghose Mal AIR 1925 Cal. 114; Dr. M. Fazil Zahir and others v. Mst. Begum and others PLD 1966 (W.P.) Lah. 53 and The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 rel. Fraud-- ---- Duty to undo the effect of fraud---Fraud vitiates the most solemn proceedings---No party should be allowed to take advantage of his fraud---There can be no rational basis for discriminating between the powers available in this regard to a Court of general jurisdiction and a Court or Tribunal of special or limited jurisdiction, for in either case the effect of fraud would be the same, and the duty to undo that effect must lie on the authority on which fraud was practised. Tribunal-   --- Tribunal of limited or special jurisdiction has the power to suo motu recall or review an order obtained from it by fraud.--[Review]. Civil Procedure Code…