Case Details

Citation(s)
2003 SLG 3021 = 2003 SLD 3021 = 2003 PLJ 36
Supreme Court (AJ&K)
Civil Review No. 22 of 2001, decided on 1.11.2002. (In the matter of review from the Judgement of this Court dated 31.10.2001 in C.A. No. 62 of 2001)
Presented By: MUHAMMAD YUNUS-SURAKHVI, C.J. AND KHAWAJA MUHAMMAD SAEED
Mr. Liaquat Alt Khan, Advocate for Petitioners. Raja Fazal Hussain Rabbani, Advocate for
Respondents.

J, Ch. AJAIB HUSSAIN and Another-Petitioners

VERSUS

Mst. ZAREEN AKHTAR and 11 others-Respondents

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O. XLIII, R. 5

(i) Azad Jammu and Kashmir Supreme Court Rules- —O. XLIII, R. 5--Supreme Court judgment-Review petition-First ground taken by Supreme Court in Judgment under review was that appellants having submitted themselves before Jurisdiction of Judge of High Court and having not raised any objection about Jurisdictional competence of Judge of High Court or in their first petition for leave to appeal, before Supreme Court, cannot turn round with a volte face when Judgment was given against them to raise objection about Jurisdictional competence of concerned Judge of High Court.                                               [P. 41] A (ii) Azad Jammu and Kashmir Supreme Cpurt Rules- —O. XLIII, R. 5Review cannot be allowed to re-open case for the purpose of affording re-hearing of points already resolved-Even if erroneous conclusion is drawn, same cannot be regarded as mistake apparent on the face of record justifying interference of Court in exercise of its review jurisdiction.                                                                              [P. 42] B (iii) Azad Jammu and Kashmir Supreme Court Rules- —O. XLIII, R. 5-Review of judgment of Supreme Court-Supreme Court had decided question of allotment of disputed plots against petitioners some 23 years back-Without setting aside that judgment no relief can be allowed to petitioners-Judgment in question has attained finality some 23 years back-Review petition…
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