Law: Civil Procedure Code (V of 1908)

Section: 114,O.XLVII,R.1

Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII, R.1---Review jurisdiction, exercise of---Scope--Review jurisdiction is confined to the extent of patent error or a mistake floating on surface of record, which, if not corrected, might perpetuate illegality and injustice---Points already raised and considered by Court could not be re-agitated in review jurisdiction---Mere fact that another view of matter was possible or conclusion drawn in impugned was wrong, would not be a valid ground to review , unless shown that court had failed to consider an important question of law. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 188 of the Constitution has been filed seeking review of the judgment, dated 29-5-2003 passed in Civil Appeal No.169 of 1998. 2. The claim of the petitioner in the appeal was that the evacuee plot measuring 6 Kanals, 20 Marlas and 120 square feet situated at Gondal Bus Adda Larian, Chakwal was put to auction, which was purchased by him for Rs.80,000 out of which an amount of Rs.60,000 was adjusted through surrender of compensation book vide association deed dated 12-8-1963 and balance of Rs.20,000 was yet to be paid whereas the department vide letter dated 6-5-1968 required the petitioner to deposit the sale price of the plot failing which the auction would be cancelled and despite bringing it to the notice of the department that the sale price to the tune of Rs.60,000 was paid by adjustment of compensation book, the department without giving any notice of cancellation of the auction transferred the property to private respondents (Nos.3 to 5) and issued PTO in their name. After repeal of the evacuee laws the petitioner approached Member, Board of Revenue exercising the power of Notified Officer under the repealing Act, 1975, but the Notified Officer vide order dated 30-9-1996 declined to interfere in the matter for want of jurisdiction and in consequence thereto, he filed a constitutional petition in the Lahore High Court, Rawalpindi Bench, which was dismissed with observation that the disputed question of facts could not be resolved in the writ petition. The leave was granted in this appeal vide order, dated…

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