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1986 SCMR 1021

ZARIN And Others vs PIR MUHAMMAD And Other

Citation1986 SCMR 1021
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No. 22-R of 1985
Date1986-02-24
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Muhammad Haleem, Zaffar
ResultPetition dismissed

ORDER

ZAFFAR HUSSAIN MIRZA, J.--The main contention in support of this review petition is that there is an error of law on the face of the judgment in so far as this Court held that the High Court had no power to record additional evidence in revisional jurisdiction. Reference has been made to paragraph 14 of the judgment sought to be reviewed.

2. After hearing the learned counsel at some length we find no force in this contention. There is nothing in the judgment of this Court holding that the High Court had no power to record additional evidence, although it has been held that in the circumstances of this case and for reasons mentioned in the judgment the Court was not justified to record additional evidence. It is needless to emphasize that the justification for exercise of power or jurisdiction is clearly different --from having no power or jurisdiction to do a thing. The other grounds' urged were merely an attempt to reargue the appeal which is not ill permissible at the review stage.

3. For the foregoing reasons, there is no merit in this review petition which is accordingly dismissed.

Cited by 2 cases

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