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1999 YLR 882

SAGH IR AHMAD vs Mst. RUKHSANA TABASSUM and 2 others

Citation1999 YLR 882
CourtLahore High Court
Case No.Review. Application No,40 of 1999 in Writ Petition No,691 of 1998
Date1999-04-07
Judge(s)Fakhar-un-Nisa Khokhar
ResultApplication dismissed

ORDER

' A fullfledged judgment was given on 11-1-1999 by this Court in Writ Petition No,2258 of 1998, Writ Petition No,3279 of 1998 and Writ Petition No,691 of 1998. The petitioner instead of challenging the impugned judgment before the competent forum has filed the instant review application on the grounds that the judgment is against the law and facts; has beat based on extraneous considerations and is based on demand of dower by respondent No,1 which is neither available in pleadings nor finding of the learned Courts etc.

2. Section 14 of the Family Courts Act provides an appeal against the decree and also against the decision passed by the Family Court. District Court being final Court of appeal under the Act can dispose of appeal against the decision of Family Court and also a decree passed by the trial Court.

High Court has got the Constitutional jurisdiction when it is satisfied that no other adequate remedy is provided by law. A bare reading of Section 14 discloses the intention of the legislature that it did not bar the substantive right of appeal even by not applying C.P.C. Application of C.P.C. Is being barred to the proceedings of the Family Court Act with the exceptions of sections 10 and 11 of C.P.C., clearly shows that the purpose of the legislature is to shorten and delimit the further proceedings as regards second appeal, revision etc., therefore, the provisions of review are not applicable to the proceedings to the appellate Courts and even to Court having supervisory Constitutional jurisdiction. Anwar Masih v. Wailat and 2 others 1983 CLC 2365 relied on Mst. Zainab Khatoon v. Mian Ghulam Shabbir etc. PLD 1965 SC 55, it was held that the District Judge was not competent to review his own order passed earlier in appeal which attained finality ever, though defective and illegal, therefore, the instant review application is without substance and is dismissed in limine.

Cited by 2 cases

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