Case Details

Citation(s)
1981 SLG 423 1981 SLD 423 1981 SCMR 762
Supreme Court of Pakistan
Civil Review No. 58-R in Civil Petition for Special Leave to Appeal No. 397 of 1979, decision dated: 11-03-1980
ANWARUL HAQ, C.J. AND DORAB PATEL, JJ
S. M. Zafar. Senior Advocate and Tanvir Ahmad, Advocate-on-Record for Petitioners. A. R. Sheikh, Senior Advocate and Maqbool Ahmad, Advocate-on-Record for
Respondents.

BEGUM RAZIA MUTTAQI AND others

VS

STATE LIFE INSURANCE CORPORATION (PAKISTAN) ETC.

Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 188-Review by Supreme Court-Order, held, cannot be reviewed merely because of being erroneous or a different view being possible.-[Review by Supreme Court]. (b) Constitution of Pakistan (1973)-- Art. 188-.Review by Supreme Court-Petitioners never making any allegation in any of their applications as to method of sale adopted by Court being against provisions of Civil Procedure Code, 1908-Attorney of petitioners, on contrary, submitting an offer for shares, in pursuance of official Receiver's public notice and instead of challenging method adopted for sale making a second and revised offer for sale-Grant of leave to examine petitioner's belated objection, in circumstances, held, would amount to putting a pre­mium on dilatory tactics and there being no error much less any apparent error in impugned order, review not competent.-[Review by Supreme Court]. (c) Insurance Act (IV of 1938)- -- S. 106 read with Civil Procedure Code (V of 1908), O. XXI, r. 78-Sale-Rule 78 of O. XXI, Civil Procedure Code, 1908 having been enacted to prevent delays in execution proceedings through frivolous objections, equitable principle laid down in such rule, held, fully applicable to sale under Insurance Act, 1938. ORDER DORAB PATEL, J-By this application the petitioners seek a review of our order dated 11th November,1979 by which we had dismissed the petition for leave filed by the petitioners against the judgment of a Division Bench of the Lahore High Court dated 7th March, 1979. As the facts relevant to this petition have been set out at length in our order of l l th November, 1979, it would be sufficient to observe here that the petitioners are the heirs of one Dr. Muttaqi, who had a controlling in­terest in the Muslim Insurance Company. Mr. Zafar admitted that there had been serious charges against Dr. Muttaqi who was declared a delinquent under section 106 of the Life Insurance Act (hereinafter called the said Act) and his liabilities to the Muslim Insurance Com­pany with interest stood at about Rs. 36 lacs when we passed order of 11th November, 1979. Proceedings for the recovery of the amount due from Dr. Muttaqi were initiared more than…
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