Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---.--- ---.----S. 42-A---.---Azad Jammu and Kashmir Supreme Court Rules, 1978, O.XLIII, Rr.4 & 5---.---Recalling of by Supreme Court---.---Scope---.---Supreme Court under its inherent powers, to do complete justice, could recall any or order which was illegal---.---If a proper case was made out, Supreme Court could recall an order or to rehear a cause or even could treat a as nullity---.---Such inherent powers could be exercised where or order of the Court was patently illegal, for instance, was against a dead person or a patent illegality was apparent on the face of the record---.---Application under inherent powers of Supreme Court had been filed in the present case after more than four years of impugned ---.---Effect---.---Law would lull a person who slept over his right and the Courts must not exercise their inherent power in favour of such a person. Fateh Khan and others v. Sultan Khan 2005 SCMR 134; Mirza Muhammad Aslam Beg v. Dr. Saghir Iqbal 1992 SCR 94; Muhammad Sultan v. Sardar Begum and 6 others 1995 SCR 216(sic) and Sardar Muhammad Ibrahim Khan v. Azad Jammu and Kashmir Government PLD 1990 SC(AJ&K) 23 ref. THIS ORDER PASSED BY: KHAWAJA SHAHAD AHMED, JUSTICE:---.---- The instant application under Order XLIII, Rules 4 and 5 of the Supreme Court Rules, 1978 has been filed by Raja Muhammad Akram Khan petitioner herein through his counsel, wherein he has prayed that the observations made by this Court in respect of ownership of respondent No.7 be omitted and in the alternate the petitioner be allowed to seek the requisite relief from the High Court. The learned counsel for the parties addressed their respective arguments on 28-10-2005 and in view of the fact that the record of this Court and the lower Courts in the case titled Ch. Talib Hussain and others v. Azad Government and others (Writ Petition No.66 of 2002, decided on 4-10-2002), Mehboob Alam v. MDA and others (Writ Petition No.112 of 1995, decided on 18-11-1997) and Allah Ditta v. Mehboob Alam (Civil Appeal No.11 of 1998 decided on 25-6-1998) were to be examined it was felt proper to reserve the judgment. 2. The facts of the…

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