Case Details

Citation(s)
2017 SLG 2303 2017 SLD 2303 2017 CLC 452
Sindh High Court
Misc. Appl. Nos. 6654 and 6655 of 2016 in Constitutional Petition No. D-1500 of 2010, decision Dated: 10-10-2016. Hearing Dates: 19th, 28th, 29th September and 3rd October, 2016.
MUHAMMAD IQBAL KALHORO, JUSTICE
Khalid Jawed for
Respondent No. 1. Muhammad Qasim, D.A.G. for Government of Pakistan.

INAYAT RASOOL

VS

MANAGING DIRECTOR AND ANOTHER

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XLVII, R. 1 & S. 114---Limitation Act (IX of 1908), Art.162---Review of High Court ---Scope---Limitation-Condonation of delay---Scope of review was limited and confined to the aspects of the case that were shown to have not been considered in the ---Entire matter could not be re-opened in review proceedings---Review petition, in the present case, had been filed after 41 days which was time barred---Delay of each day had not been explained for condonation---Pleas taken by the petitioner had been considered and decided in the sought to be reviewed---Petitioner had not brought any new material suggesting that findings under review were result of mis-appreciation or non-appreciation of record---No error apparent in the impugned to justify its review had been pointed out---Review petition was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 114---Review---Scope---Scope of review was limited and confined to the aspects of the case that were shown to have not been considered in the . (c) Limitation Act (IX of 1908)--- ----Art. 162---Judgment of High Court---Review---Limitation---Limitation for review of passed by the High Court was 20 days. (d) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Facts could not be resolved in constitutional jurisdiction of High Court. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Applicant has filed captioned miscellaneous applications, one is under section 114 r/w Order XLVII, Rule 1, C.P.C. for seeking review of the judgment passed on 11.08.2015, authored by the undersigned while sitting with the then Chief Justice, Mr. Justice Faisal Arab, whereby his petition numbered above for implementation of the judgments passed by the Federal Services Tribunal (FST) in Appeal No. 1560-K/1998 dated 31.03.2001, and by the Honorable Supreme Court in C.P. No. 371-K/2001 dated 27.05.2002 and in C.Ps. Nos.101-K and 153-K of 2006 dated 13.10.2006 was dismissed. The other is under section 5 of the Limitation Act, 1908 ('1908 Act') for condonation of delay in filing of the review application. 2. Applicant in support…
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