Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 21--Leave to appeal granted to examine whether a revision provided under S. 21 of Act XLVII of 1958, empowered High Court to review its decision given in exercise of that power. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)- ---S. 21--Civil Procedure Code (V of 1908), Ss. 117 & 114--Review-­Powers of High Court--Decision given by High Court in exercise of revisional powers under Act (XLVII of 1958)--Review--Double/fraudulent allotment--Land resumed--Belated revision petition challenging resumption of land dismissed--Review entertained on ground that proceedings being of civil nature, power of review was available under S. 117, C.P.C. in addition to inherent powers of Court to correct errors apparent on face of record or patent errors--Order assailed--Held: By virtue of 5.117 C . P. C Civil proceeding in High Court is governed by provision of Code other than provisions which are excepted--Powers to review its order under S. 114, C.P.C. would, therefore, be available. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi P L D 1970 S C 1; National Telephone Co. v. His Majesty Post Master-General (1913) A C 546 and Muzaffar Ali v. Muhammad Shaft P L D 1981 S C 94 ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to examining a question of law viz. whether a revision provided under a Special Ac. Section 21 of the Displaced Persons (Land Settlement) Act, 1951 (hereinafter referred to as the Act) empowered the High Court to review its decision given in exercise of that power. 2. The facts of the case, in brief, are that one Allah Ditta decease right-holder had left property in India. The appellants claiming to be his collaterals, and the only successors-in-interest, filed their claim forms in district Gujranwala and received it after the verification and got allotment of land against his verified claim. The contesting respondent Faqir Muhammad claiming to be a son of the same Allah Ditta filed the claim form in Chak 117-SB in district Sargodha and got allotment against the verified claim of the same Allah Ditta. Fateh Muhammad…

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