1405/1998 Suit RAFAT MALIK JAMAL (Appellant) V/S MUNAWAR MALIK JAMAL & ORS (Defendant)

1405/1998 Suit RAFAT MALIK JAMAL (Appellant) V/S MUNAWAR MALIK JAMAL & ORS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 23-NOV-15

(a) Civil Procedure Code (V of 1908)--- ----Ss. 114, 151, O. XLVII, R. 1 & O. XXVI----Review---Scope---Provisions of review of order under S. 114 or O. XLVII, R. 1, C.P.C. and provisions of S. 151, C.P.C., for correction of clerical or arithmetical mistakes in the order, could be invoked simultaneously---Appointment of Commission by Court to examine witnesses---High Court accepted application of interveners; whereas, Division Bench of High Court modified the said order of acceptance, remanded the case to decide issue as to legal status of the interveners within six months, for which Commission had been appointed---Applicant filed application for review of said order of appointment of Commission---Validity---Applicant was not sure as to whether the order sought to be reviewed contained typographical errors, or the same was result of overlooking certain facts on record, nor had he showed as to what prejudice had been caused to him, for which review was necessitated---Failure of applicant to record evidence on pretext of pendency of review application was calculated move to delay decision on merit---Application was dismissed with cost in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XIV, R. 5----Settlement of issues---Power to amend, and strike out, issues---Scope and object---Issues can be resettled even after recording of evidence and just before final order, either suo moto by court in terms of O. XIV, R. 5, C.P.C. or on request of parties---Purpose of said provision is to ensure that recording of evidence of parties should not be postponed.