Law: Civil Procedure Code (V of 1908)

Section: 114(b)

(a) Practice   -Reference to Full Bench-Point determined previously by Full Bench-Can, in case of doubt be referred afresh to another. Full Reach-Letters Potent (Lahore), Cl. 26.   Karam Elahi v. Muhammad Bashir etc. P L D 1949 Lah. 8 ref.   (b) Civil Procedure Code (V of 1908),   S. 114 (b) Judgment and decree of Division Bench on appeal from decision of Single Judge of High Court-Review-Not competent.   A I R 1931 Pat. 409-and A I R 1931 All. 244 applied.   40 Mad.1651 and A I R 1927 Bom. 232 not fol.    JUDGMENT   ABDUL HAMID KHAN, C. J.-The question whether an appli cation for review from the decree of a Division Bench passed in appeal from the decision of a Single Judge of the High Court who heard the case on the civil original side of the jurisdiction of the High Court is competent or not has been referred to the Full Bench of this Court.   There is an un-reported judgment of this Court in the case entitled "Sh. Mohammad Salim v. Azad J. & K. Government" decided on 3-3-1961 wherein a similar point was referred to the Full Bench and the answer of the Judges composing the Full Bench then was as under:-   "The answer of the judges composing the Full Bench to the question whether an application for review of judgment lies, where an appeal has been decided by a Division Bench from the decree of a Single Judge is that no such application or review of judgment lies."   In spite of this Full Bench judgment applications for review of judgment of the Division Bench were filed before the Division Bench of this Court but not even once it was pointed out that the review petition was not competent. In a case entitled "Friends Forest Company v. Khan Mohammad Ismail Khan" which was pending on the original side before the Single Bench of this Court the Single Judge had held the suit as competent. On appeal before the Division Bench the finding of the learned Single Judge was upheld by order dated 30-6-1962. A review petition was filed against this judgment on the ground that as the law had been applied on a mistaken assumption of fact, miscarriage of justice had resulted which…