Through this Constitutional Petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 the petitioners have challenged the vires of judgment dated 04.11.2016 passed by the learned Cooperative Judge of this Court.
2. Unnecessary details apart, the facts relevant for disposal of this petition are that Punjab Cooperative Board for Liquidation (hereinafter referred to as PCBL) instituted a suit for recovery of an amount of Rs, 59,655,811/- under section 7 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 before respondent No,2 wherein the present petitioners were not party. Later on petitioner No,1 was directed through notice dated 14.02.2003 to appear before respondent No,2.
He appeared through his counsel and denied any liability. He also moved an application under section 151 read with Order I Rule 10 C.P.C. for striking off his name from the proceedings. The respondent PCBL moved an application dated 29.05.2012 for withdrawal of the case with permission to file a fresh one and also submitted an application for amendment of the pending suit to implead petitioner No,1 and many other persons in the array of defendants. At the time of arguments learned counsel for PCBL did not press both the said applications. The learned Judicial Officer PCBL vide order dated 21.04.2015 suo motu added 34 persons including the present petitioners in the array of defendants. The respondent PCBL filed amended suit for recovery of assessed amount on 03.06.2015 wherein the present petitioners were impleaded as defendants.
The petitioners contested the suit by filing written statements. The learned Judicial Officer PCBL vide impugned order dated 16.07.2015 separated the trial of the case against the present petitioners and defendants Nos,35 to 47 in the suit. They also filed an application under section 151, C.P.C. praying for recalling of order dated 16.07.2015. The learned Judicial Officer vide impugned order dated 24.11.2015 dismissed the said application in limine. Feeling aggrieved of the said order, the petitioners filed Cooperative Petition before the learned Cooperative Judge of this Court under section 11 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 praying for setting aside the orders dated 16.07.2015 and 04.11.2015 passed by the learned Judicial Officer, PCBL. The learned Cooperative Judge vide impugned judgment dated 04.11.2016 dismissed the said Cooperative Petition. Hence, this constitutional petition.
3. Learned counsel for petitioners contends that the impugned judgment passed by the learned Cooperative Judge is not sustainable in the eye of law as respondent No,1 has the power to review his own order.
4. On the other hand learned counsel for respondent No,1 supports the impugned judgment and submits that respondent No,1 has no authority to review his own order.
5. We have heard the arguments of learned counsel for the parties and have gone through the record.
6. The learned Cooperative Judge has rightly dismissed the Cooperative petition of the petitioners by holding that power of review is not available to respondent No,l. It will not be out of place to mention here that right of review is a substantive right and is always creation of relevant Statute and if the power of recalling with ultimate object of review is not available in the relevant statute the same cannot be invoked. A right of review like an appeal is a substantive right, it is not available unless the statute confers that right upon the Court or the Tribunal, as the case may be. A power of review is not available to an Industrial Court on the basis of general principle or by virtue of section 20 of the General Clauses Act, 1897. The power of review is not a matter of mere procedure but it is a question of jurisdiction which cannot be exercised unless it has been expressly conferred upon a Tribunal. While taking the above view, reliance is placed on cases reported as Muhammad Hanif v. Member, (S&R) Board of Revenue and 2 others (2010 CLC 990), Muzaffar All v.
Muhammad Shafi (PLD 1981 Supreme Court 94) and Khan Muhammad and others v. Member, Board of Revenue and others (PLD 2006 Lahore 615). Right of review is a substantive right and not a matter of procedure. No Court or Tribunal possesses inherent powers to review its decree or order, unless expressly conferred by statute. Reliance in this regard is placed on a case reported as Muhammad Sharif Sindhu v. Punjab Cooperative Board for Liquidation through Secretary and 4 others (2011 CLC 178).
7. Learned counsel for petitioners has failed to point out any provision of law in the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 whereby power of review is entrusted to Judicial Officer to review his own order. He has also failed to point out how separation bifurcation of trial will adversely affect their case.
8. Learned counsel for petitioners has failed to point out any illegality and jurisdictional defect in the impugned judgment passed by the learned Cooperative Judge which can be interfered by this Court in its constitutional jurisdiction.
9. Sequel to the above, this petition fails and is hereby dismissed. No order as to costs.