| Case ID |
04d16fb4-3d21-42d0-b455-d93f9e43f505 |
| Body |
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| Case Number |
Review Petition No. 13 of 2014 in C.P. No. 764 of |
| Decision Date |
Aug 07, 2017 |
| Hearing Date |
Jun 12, 2017 |
| Decision |
The Balochistan High Court declined the applicant's review petition, concluding that the original judgment of the trial court was well-reasoned and did not suffer from any legal errors. The court emphasized that the principles governing the review process are strict, and an applicant must demonstrate a clear and evident error on the face of the record to succeed in a review. The court further reiterated the importance of finality in judicial decisions and noted that the amendment of pleadings sought by the plaintiff was within the permissible scope of the law. As such, the court found no grounds to alter the previous order, thereby dismissing the review application. |
| Summary |
The case revolves around a review petition filed by Juma Khan against the decision made in Constitutional Petition No. 764 of 2013. The Balochistan High Court, presided over by justices Kakar and Meskanzai, examined the principles of review under the Civil Procedure Code, particularly focusing on the limitations of the court's jurisdiction in reviewing its own decisions. The applicant sought to challenge an order allowing the amendment of pleadings by the plaintiff regarding the description of the suit property. The court emphasized that review powers are not meant for re-evaluating the merits of a decision but rather to correct evident errors. The court dismissed the application, affirming the trial court's decision and underscoring the necessity of clarity and finality in judicial proceedings. The ruling highlights key legal principles surrounding civil procedure, review rights, and the inherent authority of courts to amend pleadings as necessary for justice. The emphasis on the finality of judgments serves as a crucial reminder for litigants regarding the boundaries of legal recourse available through review petitions. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR,
MUHAMMAD NOOR MESKANZAI
|
| Lawyers |
Abdul Khair Achakzai,
Niamatullah Achakzai
|
| Petitioners |
JUMA KHAN
|
| Respondents |
AYUB AND 8 OTHERS
|
| Citations |
2018 SLD 478,
2018 PLD 1
|
| Other Citations |
Akhtar Ali and others v. Sh. Muhammad Iqbal and others 1987 CLC 2227,
United Bank of India Ltd. v. Azirannessa Bewa alias Azizannessa Bewa PLD 1965 SC 274,
Javed Iqbal v. Abdul Aziz and another PLD 2006 SC 66
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
114,
1,
2
|