Law: Constitution of Pakistan, 1973

Section: 188

Law: Civil Procedure Code (V of 1908)

Section: 114,O.XLVII

Law: Civil Procedure Code (V of 1908)

Section: Preamble

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 52

(a) Constitution of Pakistan--- ----Art. 188---West Pakistan Land Revenue Act (XVII of 1967), S. 52---Review of Supreme Court ---Scope---Longstanding entries of the revenue record---Presumption of correctness---Plea of petitioner that fresh documentary evidence from the revenue record had been dug up by the petitioner and needed to be placed on record---Validity---No such documentary evidence had been placed on file by the petitioner---Such course and conduct could not be allowed because there were other stringent conditions which applied in cases of review---In the absence of documentary evidence sought to be placed on file, court was not at all convinced as to the relevance of such missing documents or that the same were unavailable at the trial stage or at any subsequent stage before the hearing of present review petition---Attempt was made by the petitioner to reargue the entire case, even in respect of questions which had adequately been discussed and decided in the under review---Review petition was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 114 & O. XLVII---Constitution of Pakistan, Art. 188---Supreme Court Rules, 1980, O. XXVI---Limitation Act (IX of 1908), Preamble---Laws such as the law relating to review or other laws such as the Civil Procedure Code, 1908, or the Limitation Act, 1908 etc. had a rationale---Such laws were always made for the furtherance of the collective public good and if individuals suffered because of such laws, it was but a natural and logical consequence of protecting the larger public good for the purpose of bringing an end to litigation particularly through review petitions, which were frivolous. (c) Supreme Court Rules, 1980--- ----O. XXVI, R. 4---Constitution of Pakistan, Art. 188--- Frivolous review petition---Scope---Certificate in terms of O. XXVI, R. 4 of the Supreme Court Rules, 1980 filed by counsel for petitioner in a mechanical and unthinking manner---Supreme Court observed that such practice was to be deprecated in the interest both of the litigant and the legal system and also to further the constitutional imperative of ensuring expeditious and inexpensive justice---Review petition…

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