Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42-D

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42-D--Execution of decree in AJK--Reciprocal arrangements--Limitation for review petition--Aggrieved person--Obligation of petitioner--Challenge to--Review petition can only be filed by an aggrieved person--An aggrieved person is one whose rights are threatened or being denied or whose rights have been affected by a decision--Counsel for petitioner has miserably failed to satisfy us that how Government of Pakistan is aggrieved of impugned --Only argument that after thirteenth amendment Government of Pakistan has become aggrieved; is not convincing in nature was under obligation to satisfy us that there is any error or mistake apparent on face of record from which petitioner has become aggrieved, whereas, no such eventuality exists--This review petition has been filed after lapse of 693 days without any sufficient explanation--Petition was dismissed.   [Pp. 84, 85 ,  86] A, B, C ,  D 2020 SCR 591 ref. JUDGMENT Raja Saeed Akram Khan, C.J.--In the matter pertaining to the execution of the decrees in the Azad Jammu and Kashmir passed by the Courts of Islamic Republic of Pakistan, this Court through the judgment under review passed on 10.01.2019, held that: “The appreciation of this statutory provision clearly speaks that for execution of such decree reciprocal arrangements between the Governments of Pakistan and Azad Jammu and Kashmir are required and, in this context, the basic requirement is the declaration through a notification to be published in the official gazette by both the Governments according to the spirit of Explanation 2 of Section 44-A, C.P.C.” The petitioner has challenged the aforesaid judgment after lapse of 693 days, whereas, the limitation for filing review petition has been prescribed as 30 days. 2. At the very outset, the learned counsel for the petitioner was asked to explain that how the Government is aggrieved of the impugned judgment; he stated that after thirteenth amendment the situation has changed, therefore, the findings recorded in the impugned judgment that reciprocal arrangements between the Government of Pakistan and Government of Azad…

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