MUHAMMAD NAWAZ vs MAQBOOL AHMAD Vol — 2026 PLD 338 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAWAZ VS MAQBOOL AHMAD Vol. V, Chap. I, Pt. A, R. 9---Civil Procedure Code (V of 1908), Ss.115 & 151---Re-hearing of civil revision, application for---Office objection---Maintainability---Scope---Challenge was laid to the office objection regarding maintainability of an application seeking re-hearing of a civil revision which had already been dismissed on merits by the High Court; petitioner thereafter filed an application under S.151 C.P.C. for re-hearing, which was objected to by the office and an earlier similar application had already been rejected; through the present successive application, he again sought re-hearing of the same civil revision---The issue for determination was "whether a second application for re-hearing of a civil revision already decided on merits was maintainable in law?"---Held: While hearing the revision, not only the merits of the case were discussed but on the basis of same, the case was decided and there was no reason for re-hearing of the matter solely for the reason that applicant was dissatisfied with the decision especially when the stance of the applicant that his counsel had not been granted proper hearing was not emanating from the record of the case---Moreover, the second application again praying for re-hearing of the objection as well as the main civil revision was also not maintainable as subject to certain exceptions which were not available in the present case, filing of successive applications on the same subject matter even though on different grounds was not permissible under the law and the applicant was required to take all the grounds available to him at the time of filing first application and subsequent application after decision of earlier application was barred---Besides by up-holding the office objection, the matter had come to an end and the applicant had the remedy to challenge the order, whereby civil revision was dismissed, before the higher forum, therefore, there was no justification in the present case for re-hearing of the matter---Office objection viz. maintainability raised against the present application for re-hearing, which even otherwise was a subsequent application on the same subject, was sustained, in circumstances.

MUHAMMAD NAWAZ vs MAQBOOL AHMAD Vol — 2026 PLD 338 LAHORE-HIGH-COURT-LAHORE

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