FANOOS KHAN vs ABDUL MUNAF S — 2021 CLC 47 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 47 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: FANOOS KHAN vs ABDUL MUNAF S
Subject matter: Criminal
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

FANOOS KHAN VS ABDUL MUNAF S.114 & O. XLVII, R. 1---Review of a judgment---Scope---Suit was dismissed against which appeal was filed---Appellate Court dismissed the appeal against which review petition was moved---Contention of petitioners was that impugned judgment was not in accordance with law---Appellate Court accepted the review petition and suit was remanded---Validity---Pleas raised by the petitioners did not fall within the parameters of "review"---Review was permissible only when some mistake or error was apparent on the face of record---Point already raised and considered by the Court could not be re-agitated in review jurisdiction---Point which never remained the controversy could not for the first time be placed before the Court for reviewing the judgment or order---Petitioners were estopped by their own conduct when they had acquiesced by raising the very plea at proper time---One could not make a new case by invoking the review jurisdiction of the Court---Court could not sit as Court of appeal against his own judgment---Court below while hearing the review petition had reappraised the entire record as a Court of appeal and had travelled beyond the scope of "review"---Court below while passing the impugned order had committed illegality---Impugned order passed by the Court below was set aside and judgment and decree of the Trial Court were restored---Appeal was allowed, in circumstances.

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