Law:

Section:

(a) Constitution of Pakistan (1973) -----Art. 188 Review by Supreme Court Additional affidavit of a person sought to be placed on file of Supreme Court in support of petitioner's contention Proper occasion for petitioners having been to file such affidavit; alongwith writ petition in High Court, such documents, held, cannot be brought on record and taken into consideration in review proceedings. [Review]. (b) Constitution of Pakistan (1973) -- --Art. 188 Review by Supreme Court Point agitated in petition for leave to appeal and disposed of finally Held, cannot be reagitated in review. [Review]. ORDER NASIM HASAN SHAH, J. This is a petition for review of this Court's order dated 7 5 1978 rejecting petition for leave to appeal which had arisen out of dismissal of the petitioner's Writ Petition No. 642 R of 1976 by the High Court. Petitioner's father Sardara along with his two sisters, Saidan and Baigan, who had migrated to Pakistan was allotted land on the basis of his father's land in India. In the mutation proceedings it was claimed that the two sisters had relinquished this right in his favour which was challenged by them in subsequent proceedings and ultimately the High Court in Writ Petition No. 176 R of 1964 remanded the case to the Settlement Commissioner to decide the question of inheritance in accordance with para. 46 of the Rehabilitation and Settlement Scheme. The Settlement Commissioner on remand held that there was no relinquishment and he accordingly sanctioned the mutation of inheritance of the deceased right holder in accordance with para. 46 of the Scheme. The petitioners, as successors of Sardara, instituted a suit in civil Court, which was decreed on 15 9 1973. This was challenged in first appeal without success, but the second appeal before the High Court was allowed on 20 11 1975. Against this, the, petitioner filed Civil Petition for Leave to Appeal No. 1102 of 1975, which was dismissed on 5 3 1976. Thereafter, the petitioners filed a Writ Petition No. 642 R of 1976 on 3 5 1976 challenging the order of the Settlement Commissioner passed in 1970. This writ petition was rejected in limine on merits and also for laches. Petitioner's Civil…

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