Syed ALI AHMED SHAH vs Syed SHOUKAT HUSSAIN SHAH O — 2025 SCMR 361 SUPREME-COURT

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Syed ALI AHMED SHAH VS Syed SHOUKAT HUSSAIN SHAH O. XLVII, R. 1 & S. 114---Judicial proceedings---Presumption of correctness---Review, filing of---No grounds for review agitated---Dispute between the parties in respect of urban land---Revision application before the High Court was disposed of by consent of the counsel for the parties---Petitioner claimed that he and his counsel did not give any consent for disposal of the said revision application and to challenge such order filed a review application before the High Court, but the same was dismissed---Validity---No ground whatsoever for seeking review of an error apparent from record or in the impugned order passed by the Single Judge of Sindh High Court in the revision application had been agitated rather, there was a serious allegation that consent of the parties had been wrongly recorded by the Judge of High Court, thus disputing the judicial order and the proceedings however, without any evidence, material or formal affidavit of the petitioner or of the counsel who was present in Court along with counsel for respondent---It is settled legal position that presumption of correctness and sanctity is attached to all judicial proceedings, orders, decisions and the judgments passed by the Courts, whereas, the same can be assailed by an aggrieved party by filing appeal, revision as may be provided in accordance with law---However, in exceptional cases, any order or judgment passed by the competent Court of jurisdiction, or any proceedings can be subjected to review under Order XLVII, Rule 1 C.P.C. and Section 114 read with Section 151 C.P.C. by showing some error on the face of the record and the impugned order/decision sought to be reviewed, which otherwise could be rectified without reappraisal of the evidence or re-examination of the merits of the case---Whereas, in the instant case no error of such nature had been pointed out except an allegation to the effect that the counsel representing the petitioner did not give any consent for disposal of the revision application, however, such allegation was not duly supported by affidavit to this effect by the counsel, therefore, could not be a ground or basis for seeking review of the consent order---Single Judge of High Court had rightly dismissed the review application vide impugned order---Civil petition for leave to appeal was dismissed and leave was refused.

Syed ALI AHMED SHAH vs Syed SHOUKAT HUSSAIN SHAH O — 2025 SCMR 361 SUPREME-COURT

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