Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3),15(4)

(a) Constitution of Pakistan (1973)--- Art. 185(3) read with West Pakistan Urban Rent Restriction Ordi­nance (VI of 1959), S. 15(4)-Special leave to appeal-Granted by Supreme Court to consider question whether an order passed in second appeal by High Court under Ordinance VI of 1959 open to review.-­[Review]. (b) Review- -- Right of review-A substantive right and always creation of relevant statute on subject-Assumption that review is continuation of appeal--Held, not correct-[Dr. M. Fazil Zahir and others v. Mst. Begum Jan and others P L D 1966 Lah. 53 overruled].-[Appeal (civil)]. Right of review is a substantive right and' is always a creation of the relevant Statute on the subject. The assumption that a review in appeal is a continuation of the appeal, is not correct, with the result that the further corollary drawn therefrom in favour of existence of a right of review on that score will also consequently fall. Again the theory of continuation of trial or proceeding is not conclusive of the existence of a right to make a previous open for scrutiny whether by a higher Court in the form of appeal or the same Court in the form of a review. For example, it will be appreciated that an appeal is regarded as a continuation of trial., but it is well settled that a jurisdiction or right of appeal does not exist merely on this theory but is to be created . or granted by a Statute. If so granted and if so invoked or exercised, the proceedings in an appeal are considered as :4 continuation of the trial, but the basic fact remains that this jurisdiction is to be bestowed by a Statute and Statute alone. If this is not done then the aforesaid theory by itself will not create any. right or jurisdiction of appeal. Assuming without conceding, that a review is also a continuation of the previous proceeding even then before the proceedings are allowed to further continue, in the form of a review, a jurisdiction to do so in this case also must be similarly conferred by a Statute just as it is to be done in the case of grant of a right of appeal. If there is no statutory conferment of jurisdiction of review, like jurisdiction of appeals, the theory of continuation of proceeding…

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