Case Details

Citation(s)
2003 SLG 639 2003 SLD 639 2003 SCMR 1401
Supreme Court of Pakistan
Civil Appeals Nos.602 and 603 of 1998, decision dated: 9-06-2003, hearing DATE : 17-04-2003
NAZIM HUSSAIN SIDDIQUI AND SARDAR MUHAMMAD RAZA, JJ
Malik Muhammad Nawaz, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Appellant Gul Zarin Kiani, Advocate, Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents

BAQAR

VS

MUHAMMAD RAFIQUE and others

Law:

Section:

(a) Civil Procedure Code (V of 1908)----- ----S. 152---Correction of decree---Powers of Court---Scope---Court could not rectify decree even if same was wrong or unfair or parties could not realize their. rights from it---Power of Court to rectify decree was limited to arithmetic mistakes or errors, arising from accidental slips or omissions---No resort could be made to provisions of S.152, C.P.C. when question involved was of contentious nature---Omission. made by Court by positive application of mind could never, be dubbed as accidental or a mistake apparent op the face of record---Error apparent on the face of record or accidental slip or omission should be an error apparent on the first sight and its discovery should not depend on elaborate arguments on questions of facts or law. Koka Adinarayana Rao Naidu's case AIR 1940 , Mad.538; Ramasan Rai's case AIR 1946 Pat. 190 and Master Construction Co. (P.) Ltd.'s case AIR 1966 SC 1047 fol. (b) Words and phrases------- ----Error apparent on the face of record---Concept. Master Construction Co. (P.) Ltd.'s case AIR 1966 SC 1047 fol. JUDGMENT SARDAR MUHAMMAD RAZA, J.---Baqar son of Sher Muhammad, after leave of Court, has filed present Civil Appeals Nos.602 and 603 of 1998 against two separate judgments, both, dated 13-6-1996, passed by the Lahore High Court in Regular Second Appeal No. 37 of 1985 and Civil Revision No. 1006 of 1986. 2. As the facts narrated hereinafter would disclose, that common questions of law and fact arising from one and the same litigation are involved, both, the appeals shall be decided through this single judgment. 3. One Sher Muhammad owned landed property measuring 627 Kanals, 17 Marlas ,in village Basirpur, Tehsil Depalpur, now District Okara. Baqar and Rehmat etc. alongwith Mst. Roshan Bibi, on 28-11-1960, filed a suit against their brothers Muhammad Khalil arid Muhammad Rafique seeking declaration of title etc. qua 1/2 Sharai share in the property. On 10-12-1963, the suit was decreed on the basis of compromise about which the parties had recorded their statements .in Court. 14-1/2 acres of land was decreed in favour of the plaintiffs. It transpired later, that the decree sheet, dated…
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