Law: Civil Procedure Code (V of 1908)

Section: 115

Law: West Pakistan Fisheries Ordinance (XXX of 1961)

Section: 2(g)

(a) Civic Procedure Code (V of 1908) S. 115-Revision-Application under S. 115-Limited and prima rily meant for correcting errors made by subordinate Courts in exercise of jurisdiction and not for correcting orders made in their discretion-Discretion can be interfered with only when found exer cised fancifully or arbitrarily. Muhammad Umer Beg v. Sultan Muhammad Khan P L D 1970 S C 149 ref. (b) West Pakistan Fisheries Ordinance (XXX of 1961) S. 2(g) and West Pakistan Fisheries Rules, 1965, r. 2(f)-Private water-Public water-Ownership rights-Respondent's lands, state lands, and other lands coming under flood water so deep at places as to form a large lake and joining another already existing lake-Lake neither exclusively situate within nor land locked by respondents' survey numbers-Water in lake, held, not exclusive property of respondents-Water in lake not "private water" but "public water" Lease of fishing rights in lake by Fisheries Department, held, justified. (c) West Pakistan Fisheries Ordinance (XXX of 1961)  S. 2(g) and West Pakistan Fisheries Rules, 1965, r. 2(f) read with Standing Order 7, (Part II)-Observation in Standing Order that Government have no fishing rights over Dhands, and Dhoras as are in kabuli lands-Mere instructions for guidance of District Officers-Such instructions, however, no longer of any legal effect in view of subse quent legislation amending and consolidating law of fisheries as contained in Ordinance XXX of 1961 and Rules of 1.965. Dates of hearing : 15th, 29rh, 30th and 31st October 1975.                                                                                                                                                                        JUDGMENT This Revision…