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MUHAMMAD RAEES vs MUHAMMAD ASLAM S — 2023 CLC 1955 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 CLC 1955 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
CLC
Parties
MUHAMMAD RAEES vs MUHAMMAD ASLAM 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

MUHAMMAD RAEES VS MUHAMMAD ASLAM S.114 & O.XLVII, R.1---Review jurisdiction---Evidence, non-consideration of---Principle---Petitioner sought review of order on the plea that there were certain errors of law in order under review---Validity---One of the most essential requirements for invoking review jurisdiction of a Court is that important evidence having a material bearing upon merits of case and decision thereof was subsequently discovered, which was neither in the possession nor in the knowledge of aggrieved party before passing of judgment / order sought to be reviewed and further that important evidence referred to was in existence when the judgment / order was made---Power of review can only be exercised when an error or mistake is manifestly shown to float on the surface of record, which is so patent that if it allowed to remain intact, would perpetuate illegality and gross injustice---Review cannot be allowed on discovery of some new material if such material was available at the time of trial, appeal or revision, as the case may be---Matter cannot be reopened under the garb of review application---High Court in exercise of review jurisdiction declined to interfere in order under review---Application was dismissed, in circumstances.

Other judgments reported in 2023 CLC

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