| Case ID |
00952fd6-5ab8-4177-9ece-96d27472d15d |
| Body |
View case body. Login to View |
| Case Number |
Review Petition No. 103-P of 2017 in R.F.A. No. 23 |
| Decision Date |
Oct 05, 2017 |
| Hearing Date |
|
| Decision |
The review petition was dismissed due to lack of merit. The court held that any objection regarding valuation of the suit must be raised in the memorandum of appeal and cannot be introduced later. The petitioners were unable to prove that new and important evidence had been discovered, which was not within their knowledge at the time the decree was passed. Ignorance of law was not accepted as an excuse. The court emphasized the importance of adhering to procedural rules concerning the jurisdiction of courts in reviewing judgments. |
| Summary |
In the case of Review Petition No. 103-P of 2017, the Peshawar High Court addressed the review petition filed by the Government of Khyber Pakhtunkhwa against a previous judgment in R.F.A. No. 23 of 2017. The petitioners sought to contest the decision on the grounds of pecuniary jurisdiction and amendments made to the Khyber Pakhtunkhwa Civil Courts Ordinance. The court reiterated the importance of timely objections regarding valuation in appeals. It ruled that any objection not raised in the initial appeal cannot be introduced later, and highlighted that the petitioners failed to provide new evidence or a valid reason for the review. Hence, the review petition was dismissed as lacking merit. This case underscores the significance of procedural compliance in legal reviews, particularly regarding jurisdictional matters and the implications of legislative amendments. Key terms include 'pecuniary jurisdiction,' 'review petition,' and 'Suits Valuation Act,' which are crucial for understanding the court's decision-making process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ghazafar Khan,
Yahya Afridi
|
| Lawyers |
Sohail Khan, A.A.G. for Petitioners,
Abdul Sattar Khan for Respondents
|
| Petitioners |
Government of Khyber Pakhtunkhwa through Senior Member Board of Revenue Peshawar and others
|
| Respondents |
Nizam Gul and others
|
| Citations |
2018 SLD 495,
2018 PLD 23
|
| Other Citations |
Not available
|
| Laws Involved |
Suits Valuation Act, 1887,
Civil Procedure Code (V of 1908)
|
| Sections |
11,
114
|