Law: Civil Procedure Code (V of 1908)

Section: 114 , 1

  . Civil Procedure Code (V of 1908)-- ---S. 114 & OXLVII, R.1---Review---Court in order to determine point raised by petitioner in his review petition, would have to keep in view conditions contained in OXLVII, R. 1, C.P.C. in addition to provision of S.114 of C.P.C. and it was enjoined upon party seeking review of decree or order to bring its case within four corners of essentials contained in that Rule and S. 114, C.P.C.---Objection raised in review ought to have been raised earlier or point sought to be settled in review, prima facie, was debatable necessitating total reppraisement of evidence or reconsideration of proposition as a whole which could not be done in exercise of review powers. A I R 1933 Mad. 290 and P L D 1.982 S C 102 ref. Bashir Ahmed Ansari for Petitioner. Fazal-e-Hussain for Respondent. ORDER The petition arises out of an order of learned Sub-Judge, Muzaffarabad, the executing Court, passed on January 15, 1986, whereby the review petition addressed on behalf of the petitioner, was dismissed. The controversy raised in the petition has emanated out of execution proceedings instituted by the respondent-decree-holder against the petitioner- judgment-debtor, in the Court of Sub-Judge, Muzaffarabad. By virtue of award of the arbitrator of November 16, 1966, made a rule of the Court, on March 20, 1976, the respondent acquired decree for extraction of timber from Compartment 10, 8 Part and 12 Part of Bandi Ashkote Range. He moved for the execution of decree before this Court, but the same was sent to the learned Sub-Judge for its disposal. During the execution proceedings, various applications were moved by the decree-holder with reference to obstructions created by the judgment-debtor in extraction of the timber, the subject of decree. On November 2, 1985, on presentation of objections, it was ordered that in view of the defence taken by the judgment-debtor, there was no objection to it in extraction of timber from the relevant compartments and that no further hindrance would be created in respect of the same. The learned Sub-Judge also ordered that the decree-holder shall cut the trees and the measurement shall be taken in order to…