Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---S. 114 & O.XLVII, R.1---Constitution of Pakistan (1973) A't.189--­Review---Subordinate Court had overlooked (ignored/did not follow) the enunciation of law made by Supreme Court---Held, it was a good ground for review if review application was brought to that Court within prescribed period of time---No hard and fast rule could be prescribed for the purpose of review jurisdiction; Court has to exercise its jurisdiction upon facts and circumstances of each case. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Civil Procedure Code (V of 1908), S.115---Pre-emptioll suit' decreed before 31-7-1986, the date prescribed in Said Kamal's case reported as PLD 1986 SC 360---Effect---Any suit instituted under the provisions of Punjab Pre­emption Act, 1913, if decreed before the prescribed date of 31-7-1986, plaintiff/decree-holder was entitled to defend the decree as per rule laid down in Sardar Ali's case (PLD 1988 SC 287)---Decisions of Courts below (dismissing plaintiff's suit for pre-emption) being in defiance of rule laid down in PLD 1988 SC 287, Appellate Court was bound to decide the appeals as also review application on the touchstone laid down in Sardar Ali's care---Decisions of Courts below were set aside and case was remanded for decision afresh in accordance with law. Said Kamal's case PLD 1986 SC 360; Sardar Ali v. Mlihammad Ali PLD 1988 SC 287; Muhammad Rafique v. Mst. Rashida Begum 1979 CLC 823: Fazal Din v. Barkat Bibi PLD 1978 Lah. 1016; Khan Muhammad v. Ghulam Rasool PLD 1987 Lah. 71; Bashir Ahmad v. Piara Khan PLD 1992 SC 274; Muhammad Khan v. Pakistan PLD 1958 Kar. 75; Nurul Hslssan v. The Federation of Pakistan PLD 1956 SC (Pak.) 331; Faqir Muhamrnad v. Akbar Shah PLD 1973 SC 110 an if Shah v. Abdul Hakeem Qureshi PLD_ 1991 SC 905 rel. JUDGMENT The only point raised and falling for determination in this revisional application is as to whether the appellate Court, on the circumstances of this case had incorrectly declined to exercise review jurisdiction under section 114 read with Order XLVII, Rules 1 and 2, P.P.C. 2. The facts, necessary for the purpose of disposal of this Civil Revision are a few and…

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