Mst. Bakhan vs Pir Bakhsh Ss — 2026 YLR 436 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mst. Bakhan VS Pir Bakhsh Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 100, 114 & O.XXIII, R.1---Second appeal---Review of judgment---Non-compliance of condition on which earlier suit was permitted to be withdrawn---Applicant / plaintiff claimed to be daughter of deceased owner of suit land and his widows were limited owners who had transferred land beyond their entitlement and that land fell in legal share of applicant / plaintiff---Suit filed by applicant / plaintiff was dismissed by Trial Court but Lower Appellate Court allowed her appeal and suit was decreed---In second appeal filed by respondents / defendants Judge in Chambers of High Court set aside judgment and decree passed by Lower Appellate Court---Validity---Power to review can only be exercised for the specific purpose of "correcting any error or supplying any omission" which appears on the surface of the record and can be detected without further elaborate inquiry or investigation---This may apply to accidental or arithmetical mistake due to some forgetfulness not involving a mental process of reasoning or appreciation of any law or the facts already proved or admitted---Judge in Chambers of High Court fell in error while making observations regarding conditional withdrawal of suit and non-payment of cost in the judgment under review while referring to some other suit having no concern with the lis, which had a different subject matter and legal basis---Division Bench of High Court set aside judgment under review as the same suffered from error apparent on the face of record which was so clear and manifest that it could not be permitted to remain on the record---Division Bench of High Court remanded the matter to Judge in Chambers of High Court for decision afresh on appeal filed by respondents / defendants---Review application was allowed in circumstances.

Mst. Bakhan vs Pir Bakhsh Ss — 2026 YLR 436 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 YLR