Law: Civil Procedure Code (V of 1908)

Section: 115,O.XLI,R.33

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revision--Concurrent findings of fact---Reasons for dismissing suit given by Trial Court not disagreed by Appellate Court, but upheld by adding thereto another reason---Effect---Such findings of Courts below were concurrent---Principles. (b) Locus poenitentiae, principle of--- ----Applicability---Such principle would be attracted to legal and valid order passed without any jurisdictional error---Authority having passed an illegal and without jurisdiction order with a view to rectify its fault could recall, withdraw or revoke same at any time without notice to affected person, who might seek his remedy by claiming damages---Principles. PLD 1965 SC 83 and PLD 1997 SC 342 ref. The Engineer-in-Chief Branch v. Jalal-ud-Din PLD 1972 SC 207; Abdul Haque Indhar v. Province of Sindh 2000 SCMR 907; Shah Nawaz v. Umar Daraz 1999 CLC 1883 and PLD 1965 SC 83 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 33---Dismissal of appeal by Judge of Appellate Court having once seized of case as Judge of Trial Court---Validity---Order­-sheet of Trial Court showed the of appellate Court as Judge of Trial Court had set aside order of ex parte proceedings, added and deleted some parties and sent case thereafter to District Judge for its transfer to another Court---Judge of Appellant Court while working as Judge of Trial Court had not decided any issue touching substantial rights of parties and fundamental dispute pending for adjudication, thus no prejudice had been caused to the petitioner---High Court dismissed revision petition and upheld impugned . JUDGMENT SYED YAHYA ZAHID GILANI, J.---This revision petition brings in question judgment and decree dated 25-2-2005 passed by Civil Judge, Oghi, whereby Suit No.68/1 of 1992 filed by Shams-ur-Rehman petitioner was dismissed and his Appeal No.7/13 of 2005 was also dismissed by learned Additional District Judge-IV, Mansehra on 25-6-2007. 2. The plaintiff/petitioner had instituted suit for declaration to the effect that a plot/Adda situated in new Darband Township had been allotted to him vide Order No.1621-22/HVC dated 7-10-1991 on payment of Rs.1058/82 by the Chairman…

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