| Case ID |
3711dee1-4dc5-4458-ac4f-e9cfcf25e974 |
| Body |
View case body. Login to View |
| Case Number |
Review Petition No. 30 of 2007 in Civil Revision N |
| Decision Date |
Jan 18, 2008 |
| Hearing Date |
Mar 09, 2007 |
| Decision |
The review petition was dismissed as it did not present new material or evidence that warranted revisiting the previous decision. The court found no grounds under Section 114 of the Civil Procedure Code to justify the review, emphasizing that review jurisdiction requires the discovery of new and important matters not previously known, which was not demonstrated in this case. The court reiterated that the parties had exhausted their right to appeal and that the previous decision was based on comprehensive consideration of all the evidence and arguments presented. Hence, the review petition lacked merit. |
| Summary |
This case involves a review petition in the context of Civil Procedure Code (V of 1908) regarding the scope and conditions for filing a review. The petitioner, Ahmad Din, sought to challenge a prior decision made in Civil Revision No. 467 of 2006, which had already been heard and decided by the court. The petitioner argued that new evidence had emerged, warranting a review. However, the court found that no new material was presented that could change the outcome of the previous decision. The ruling highlighted the necessity for a party seeking a review to demonstrate that they had not been negligent in presenting evidence and that the new material directly impacts the case. This case underscores the importance of thorough legal representation and the stringent conditions under which a review petition may be granted under the Civil Procedure Code. The decision serves as a reminder that the review jurisdiction is not a second chance for parties to relitigate issues already decided. The court's decision to dismiss the review petition reinforces the principle that the judicial process must be efficient and conclusive, preventing endless litigation over the same issues. Key legal concepts discussed include the exhaustion of appeal rights, the criteria for a valid review petition, and the significance of presenting new evidence in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM KHAN, J,
Ijaz-ul-Hassan, Judge
|
| Lawyers |
Said Wali,
Mr. M. Qasim Khan Khattak, Advocate,
Mr. Abdul Qadir Khattak, Advocate
|
| Petitioners |
AHMAD DIN
|
| Respondents |
others,
Mst. GUL ZEBA
|
| Citations |
2008 SLD 457 = 2008 PLD 24
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
114,
O.XLVII,R.1
|