Law: West Pakistan Board of Revenue Act, 1957

Section: 8

  West Pakistan Board of Revenue Act (XI of 1957)--- ---S. 8--Review jurisdiction, exercise of--Review petitioner was filed on ground that certain public documents which were vital to weaken case of opponent could not be produced by petitioner as some were not available at relevant time- Contention was repelled holding that it was not tenable in review to urge that certain public documents vital to case were not available as it was duty of party relying on those public documents to produce in long litigation with Board and for that purpose even help of Court could have been obtained--Jurisdiction in review, held should be exercised very carefully and if non-availability of public documents was taken and accepted as a ground, it would jeopardize very purpose for which review jurisdiction has been restricted by legislature. West Pakistan Board of Revenue Act (XI of 1957)--- ---S. 8--Review jurisdiction, exercise of--Reinterpretation of law---Reviewing Court, not being Appellate Court, held, has no powers to teach law to a Court of equal jurisdiction---If a contrary view were taken, Board of Revenue under review jurisdiction would immediately turn itself into a High Court which alone has authority and jurisdiction to open questions of law i.e. questions whether law has been wrongly applied--In circumstances, Court should be very chary of assuming jurisdiction which belonged to Constitutional Courts. Malik Noor Muhammad Awan for Petitioner. Ch. Abdul Rashid Gujjar for Respondent No. 2. ORDER This is an application for review of a decision of the learned Member, Board of Revenue, Punjab In the order, the learned Member accepted the revision petition of Zaflar Hussain etc. and set aside the order of the Additional Commissioner (Rev.) Sargodha. daird 15-1-1989. 2, The review application, urges two sets of grounds, namely:-- The legal ground that the area allotted falls within prohibited zone and could in no k allotted to the; petitioners in the revision petition; and   the factual ground that certain documents which tend to weaken the case of the allottee were not available too at that time, like the schedule etc. Taking the second point first, it is not…