| Citation(s) |
|---|
| 1995 SLG 1069 1995 SLD 1069 1995 CLC 966 |
Lahore High Court
Writ Petition No. 5473 of 1994, decision dated: 15-12-1994
GAIL ZARIN KIANI, J
Malik Noor Muhammad Awan for Petitioner. Malik Ghulam Siddique, on behalf of Malik Talib Hussain Awan for
Respondent No. 2. Rana Muhammad Anwar for
Respondent No. 3
Writ Petition No. 5473 of 1994, decision dated: 15-12-1994
GAIL ZARIN KIANI, J
Malik Noor Muhammad Awan for Petitioner. Malik Ghulam Siddique, on behalf of Malik Talib Hussain Awan for
Respondent No. 2. Rana Muhammad Anwar for
Respondent No. 3
MUHAMMAD SHAFI
VS
THE MEMBER (CONS.), BOARD OF REVENUE and 2 others
Law:
Section:
(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------S. 13---Deficiency in entitlement under consolidation scheme---Deficiency in the entitlement to the extent of 10 Marlas only could be ignored and rest was required to be accounted for in adjudication of civil rights. (b) West Pakistan Board of Revenue Act (XI of 1957)--- ----S. 8---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), Preamble---Civil Procedure Code (V of 1908), OXLVII, R. 1---Power of review though not existing in provisions of West Pakistan Consolidation of Holdings Ordinance, 1960, Board of Revenue however was competent to review its order at the instance of aggrieved person in matters relating to consolidation proceedings---Grounds for review were similar to those specified in OXLVII, R. 1, C.P.C. or for other sufficient reasons.---[Review]. Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94 and Umar Din and others v. Member (Colonies), Board of Revenue and others 1984 CLC 17 rel. (c) West Pakistan Board of Revenue Act (XI of 1957)--- ----S. 8---Second application for review on same grounds as contained in earlier application for review ---Competency---Res Judicata, principles of--Application---After dismissal of first review application, second review application on the same grounds and against the same order could neither be entertained nor adjudicated---Although there was no express prohibition for second review in West Pakistan Board of Revenue Act, 1957, yet the Act did not either expressly or impliedly exclude general principle of res judicata and rule of finality of ---Except for clerical or arithmetical mistakes or accidental slips or omissions in the decision which every Court, Tribunal or Authority has inherent power to correct, second application. for review after the decision of first on its merits could not be competently instituted.---[Res judicata,]. Abdullah and another v. Board of Revenue, Sindh and 2 others 1989 MLD 2760; Hari Singh v. Muhammad Said and others AIR 1927 Lah. 200; Fukheerooddeen v Kala Chand (19) 1864, 1 W.R. 287; Again Nusseerudin v. Indurnarain (20) 5 W.R. 93 BLR Sup. Vol. 367; M. Afzal Zahir and others v. Mst. Begum Jan and…
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