Case Details

Citation(s)
2007 SLG 2529 2007 SLD 2529 2007 PLJ 929
Lahore High Court
R.A. No. 70 of 2005 in W.P. No. 2178 of 2005, decided on 26.4.2007
M. BILAL KHAN AND TARIQ SHAMIM, JJ.
Mr. A. K. Advocate for Petitioner.

Begum AFSAR SULTAN QAZALBASH and 4 others

VS

Mian NISAR ELAHI and others

Law:

Section:

(i) Civil Procedure Code, 1908 (V of 1908)-- ----S. 114 & O. XLVII, R. 1--Constitution of Pakistan, 1973--Art. 199--Review applications--F.I.R. quashed--Question of fact--Beyond scope of writ jurisdiction--Scope of review--Limited--Granting of--Discretion of Court--There is an error or mistake apparent on face of the record--Review is neither substitute for full fledged appeal not it is akin to re-hearing of the whole matter--Even if view taken by Court is erroneous it does not warrant review of decision which can be exercised when error or mistake is manifestly to float on the face of record which is so patent that if allowed to remain intact would perpetuate illegality and gross injustice. [P. 935] A (ii) Application for review-- ----Matter of evidence--Patent error or mistake--Application for review has to show discovery of new and important matter of evidence, which after exercise of due diligence was not with his knowledge or could not be produced at the time when order was made. [P. 935] B (iii) Review-- ----Jurisdiction--Misconstruction or misappreciation of documents--Law applicable--Facts of case--Remedy--Review jurisdiction cannot be invoked as a routine matter or to re-hear a case which has already been decided--Conscious decision on a point of fact or law does not warrant review, rather remedy of aggrieved party lies elsewhere. [P. 936] C Order We propose to dispose of two Review Applications No. 70 and 71 of 2005 arising, out of consolidated judgment dated 13.7.2005 passed in Writ Petition No. 2178 of 2005, whereby two connected petitions bearing Writ Petition No. 2178 of 2005 (Begum Afsar Sultan Qazalbash & four other v. Mian Nisar Elahi & 2 others) and Writ Petition No. 2l79 of 2005 (Riza Ali Khan Qazalbash & three others v. Mian Nisar Elahi & 2 others) had been allowed and F.I.Rs. No. 97 and 96 of 2005 (impugned therein), got registered by the applicant, namely, Mian Nisar Elahi, with Police Station Satto Katla, district Lahore for offences under Sections 419, 420, 467, 468, 471 P.P.C. allegedly committed by Begum Afsar Sultan Qazalbash and others, were ordered to be quashed. 2. Concisely, case of Mian Nisar Elahi…
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