Law:

Section:

(a) Constitution of Pakistan (1973) ----- Art. 188 Review Submissions relating to merits of case, if entertained, amounting to rehearing of petition for special leave to appeal Held, rehearing of petition beyond scope of review jurisdiction Supreme Court Rules, 1956, O. XXVI. [Review by Supreme Court]. (b) Constitution of Pakistan (1973)---Art. 188 Review Contention not raised at hearing of petition for special leave to appeal Cannot be permitted to be raised in review Supreme Court Rules, 1956, O. XXVI [Review by Supreme Court]. (c) Supreme Court Rules, 1956 ----O. XXVI, r. 5 read with Constitution of Pakistan (1973), Art. 188 Review jurisdiction Presence of Advocate arguing petition for special leave Scope of review jurisdiction limited in scope and for that reason discretion given to Court to dispense with presence of such Advocate for substantial reasons¬-Insistence on presence of Advocate Reason for to confine him to what transpired in course of hearing. [Review by Supreme Court]. Sh. Anwarul Haq v. Mst. Surayya Parveen 1971 SCMR 171 and Mushtaq Ahmad alias Mushtaq Hussain and others v. Hakim Bibi and others 1971 SCMR 235 ref ORDER MUHAMMAD HALEEM, J. The petitioners seek review of our order dated 21st of March, 1978, dismissing Civil Petition No. K 84 of 1977, on the grounds firstly, that the order of the Deputy Settlement Commissioner dated 5th of November, 1959, transferring the entire property to the predecessor in interest of respondents 5 to 12 was illegal as he was in occupation of only a portion of the property secondly, that the transfer Form of Mirza Yousaf Beg, the predecessor in interest of petitioner No. 2, was illegally rejected as he was not heard before its rejection nor was any reason given and thirdly, that the plot measuring 1100 sq. yds could not have been transferred in violation of the law restricting it to three times the plinth area. The first two submissions relate to the merits of the case and if we were to entertain them, it would amount to re hearing of the petition which is beyond the scope of review jurisdiction. As for the third, it was not raised at the hearing of the petition and, therefore, we would not permit it to be…

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