Mst. BISMA NOUREEN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S

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Mst. BISMA NOUREEN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S.114 & O.XLVII, R.1---Review jurisdiction---Scope---Petitioner filed a suit for permanent injunction and recovery of Rs.2.000 billion on account of malicious prosecution---Trial Court rejected the plaint under O.VII, R.11, C.P.C---Petitioner filed an application for review of judgement before Trial Court, which was dismissed---Held, that petitioner did not file any appeal against the judgement, and the same had attained finality---Instead of filing appeal, petitioner filed a review petition before Trial Court which was dismissed---Petitioner was unable to mention some mistake or error apparent on the face of the record, or any sufficient reason for review of the decree passed or order made against her---Appeal was provided under S.96 of the C.P.C against judgment and decree, whereby plaint was rejected under O.VII R.7 of the C.P.C---Petitioner did not file any appeal rather file a review petition---Scope of review is very limited---Review jurisdiction is confined to the patent error or mistake floating on the surface of the record----Petitioner in person had failed to point out as to how impugned order passed by Trial Court was the consequence of error of law or without jurisdiction or in excess of jurisdiction---Constitutional petition was dismissed in limine. Citation Name: 2023 CLC 110 ISLAMABADBookmark this Case Mst. BISMA NOUREEN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad art.199---Writ of certiorari---Scope---Certiorari was available to quash a decision for an error of law; it can also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction.

Mst. BISMA NOUREEN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S — 2023 CLC 110 ISLAMABAD

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