Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLVII, R.1---Review ---Entitlement of petitioner to disputed land, question of---Such question argued by petitioner was adverted to, dilated upon and decided in a comprehensive manner in impugned ---Held, such question could not be decided while arguing review petition. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 135---Criminal Procedure Code (V of 1898), S.145---Partition of Shamilat---Proceedings initiated under S.145, Cr.P.C., result of---Effect---Result of such proceedings would have no bearing qua partition of Shamilat. (c) Civil procedure Code (V of 1908)--- ----O. XLVII, R.1---Review---Error of fact or law must be self-evident and must have material bearing on the fate of case---If or finding under review, though suffering from erroneous assumption of facts, was sustainable on other grounds available on record, then review would not be competent notwithstanding error being apparent on the face of record---Principles. Review petition is not competent, where neither any new and important matter nor evidence has been discovered nor is any mistake or error apparent on the face of record. Such error may be an error of fact or of law, but it must be self-evident and floating on surface and not requiring any elaborate discussion or process of ratiocination. Orders based on erroneous assumption of material facts or without adverting to a provision of law or a departure from undisputed construction of law and the Constitution, may amount to error apparent on the face of record. Error, on the other hand, must not only be apparent, but must also have a material bearing on the fate of case and be not of inconsequential import. If or finding, although suffering from an erroneous assumption of facts, is sustainable on other grounds available on record, review would not be justifiable notwithstanding error being apparent on the face of record. Where order under review does not appear to have been vitiated by any error on the face of record nor any other good and sufficient reason is given for review of order, then petition for review would not be competent. Nawab Bibi v. Hamida Begum 1968 SCMR 104; Master…

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