| Citation(s) |
|---|
| 2001 SLG 2550 2001 SLD 2550 2001 CLC 1352 |
Sindh High Court
Revision Application Na.149 of 1998 and Civil Miscellaneous Application No.275 of 2000, decision dated: 12-02-2001, hearing DATE : 17-01-2001
ZIA PERWEZ, J
M. Imtiaz Agha for Applicant. Jamil Khan for
Respondent
Revision Application Na.149 of 1998 and Civil Miscellaneous Application No.275 of 2000, decision dated: 12-02-2001, hearing DATE : 17-01-2001
ZIA PERWEZ, J
M. Imtiaz Agha for Applicant. Jamil Khan for
Respondent
Messrs PAKISTAN NATIONAL SHIPPING CORPORATION---Applicant
VS
Messrs ADAMJEE INSURANCE COMPANY LTD.
Law:
Section:
(a) Review-------Limitation---Time consumed for obtaining certified copies can be excluded in case of review. Jawed Singh v. Ala Singh AIR 1938 Lah. 295; Wali Muhammad v. Wali Muhammad PLD 1974 SC 1956; Dada Steel Mills v. Government of Balochistan 1986 SCMR 1602; Nadir Khan v. Liaquat Ali 1999 SCMR 1132; Mst. Zojan v. Muhammad Hasan 1999 MLD 2096 and Ghulam Nabi v. Rashid PLD 2000 SC 63 ref. (b) Provincial Small Cause Courts Act (IX of 1887)--- ----Ss. 24 & 25---Appeal---Revision---Judgment passed by Small Cause Court---Remedy against such ---Jurisdiction of District Judge--Scope---Where cases did not fall under any of the specified cases under S.24 of Provincial Small Cause Courts Act, 1887, such cases were not subject to appeal before the District Judge but attracted the provisions of S.25 of Provincial Small Cause Courts Act, 1887---Review application under S.25 of Provincial Small Cause Courts Act, 1887, before High Court was the only remedy available in circumstances. (c) Provincial Small Cause Courts Act (IX of 1887)--- ----S. 25---Revision---Judgment passed by Small Cause Court---Review under S.114, C.P.C. was filed by the applicants against the and decree of the Small Cause Court---Case of the applicants was not covered under .the provisions of S.24 of Provincial Small Cause Courts Act, 1887--Validity---Revision before High Court under the provisions of S.25 of Provincial Small Cause Courts Act, 1887, was the proper remedy---Where the error of law was apparent on the face of record, the same called for indulgence by way of review to prevent injustice being done to the applicants by the Court---Revision application under S.25, Small Cause Courts Act, 1887 by the applicants was treated as appeal by Court and the same was dismissed---Such order by the Court was recalled and review application was allowed in circumstances. JUDGMENT This application under section 114 read with section 151, C.P.C., that was originally tiled again to the judgment and decree of the Court of Small Causes passed in Suit No.65 of 1995, dated 27-2-1998 in favour of the plaintiff for a sum of Rs.15,310 with costs. Present application is directed against the order of this…
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