Haji BAHADAR KHAN vs HABIB AHMAD S — 2021 CLC 114 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 114 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Haji BAHADAR KHAN vs HABIB AHMAD S
Subject matter: Civil
Provisions referred to: S. 114

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji BAHADAR KHAN VS HABIB AHMAD S.114, O.XLVII, R.1 & O.XXXIII, R.3---Review---Principles---Substituting of view---Scope---Pauper proceedings---Petitioner sought review of judgment and decree on the ground that decree-holder did not affix court fee before Trial Court---Validity---In review, Court was not to sit in appeal over its own order---Re-hearing of matter was impermissible in law---Review constituted an exception to the general rule that once a judgment was signed or pronounced, it should not be altered---Power of review could be exercised for correction of a mistake and not to substitute a view---Petitioner intended to seek presentation of his appeal as pauper and reversal of findings of Trial Court on the ground pertaining to earlier round of litigation, which had been properly discussed, appreciated and decided---Petitioner failed to point out any illegality, material irregularity or jurisdictional defect---Review petition was dismissed in circumstances.

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