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Civil Procedure Code (V of 1908)-------O.XLVII, R.1---Review---Erroneous assumption of fact brought to notice of Court needed rectification---part of of the Court was based on such erroneous assumption---Review to the. extent of such part of was allowed. Messrs M.Y. Malim & Co. and 2 others v. Messrs Spendlours International 1995 SCMR 922 ref. ORDER This is an application under Order 47, Rule 1, C.P.C. read with 151, C.P.C., seeking review of the order passed on 16-1-1992 by our learned brother Justice Syed Abdur Rehman Shah (as he then was) dismissing the petition. Since Justice Syed Abdur Rehman Shah has retired, by the order of the Acting Chief Justice this Review Petition was ordered to be heard by a Division Bench and today we have heard the learned counsel for the petitioner and the learned A.A.-G. for the respondents. In the order dated 16-1-1992 it was observed that transfer of the property in dispute in favour of the petitioner (late Moulana Abdul Quddus Behari, through his L.-Rs.) had been set aside by a judgment and decree passed by lInd Senior Civil Judge, Karachi dated 23-12-1979 and it was declared that one Sher Muhammad was entitled to transfer of the Chapra (meaning thereby the property in dispute). It was also observed that since the order of the transfer of property in favour of the petitioner dated 20-8-1975 was declared void and without legal authority by the judgment of the IInd Senior Civil Judge, Karachi, no merits were found in the petition and the same was dismissed. It was also observed in the order dated 16-1-1992 of this Court that in case Legal Heirs of the petitioners Moulana Abdul Quddus Behari were able to get the decree of the Lower Court set aside, they could again pray the High Court for the necessary relief. The learned counsel for the petitioner has argued that the Legal Heirs of the petitioner have now moved the trial Court for setting aside the judgment and decree dated 23-12-1979 passed by the IInd Senior Civil Judge, Karachi and they are apprehending that observation of the High Court in its order dated 16=1-1992 might influence mind of the Trial Court. This observation is to the effect "it was declared that Sher…

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