Case Details

Citation(s)
1985 SLG 757 1985 SLD 757 1985 SCMR 1345
Supreme Court of Pakistan
Civil Review Petition No. 15 of 1983, decision dated: 15-02-1984 (On appeal from the order, dated 26-4-1983 of the Supreme Court of Pakistan in Civil Petition for Special Leave to Appeal No. 1595/1980)
NASIM HASAN SHAH AND M.S.H. QURAISHI, JJ

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FAHIM DAD KHAN and others

Mst. ZUBEDA BEGUM and others

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Supreme Court Rules, 1980, 0. XXVI, r. 1--Review-­Grounds for--Contention raised in support of review application being in substance largely same which was raised in petition for leave to appeal and repelled--Supreme Court declined to review its earlier . Sardar Noor Hussain v. Chief Settlement Commissioner P L D 1983 S C 62 ref. ORDER NASIM HASAN SHAH, J.--This is petition for review of this Court's order, dated 26-4-1983 passed in Civil Petition for Special Leave to Appeal No. 1595 of 1980. The relevant facts are that an evacuee house situated in Sialkot was ordered to be divided by the Settlement Commissioner and separate portions thereof transferred to both the parties. However, on the writ petition filed by Allah Dad Khan, predecessor-in-interest of the petitioner, the said order was set aside by the order of a learned Single Judge, dated 30-3-1966 and the entire house was ordered to be transferred to him. Abdul Hamid, predecessor-in-interest of respondents Nos. 1 to 10 filed Letters Patent Appeal No. 971 of 1966 in the High Court to challenge the above order. During the pendency of the L.P.A., Allah Dad died on 10-2-1966 but the legal representatives of Allah Dad were not impleaded by Abdul Hamid for 13 long years. In the meanwhile, the L.P.A. stood abated on 9-7-1967 by operation of law. When the L.P.A. came up for hearing in 1980, the learned Judges of the Division Bench, by an order, dated 21-9-1980, dismissed the L.P.A. as having abated. However, in pursuance of an application filed on 9-7-1980 for impleading the legal representatives of Allah Dad Khan and setting aside the abatement, the L.P.A. Bench of the High Court set aside the abatement by another order, dated 10-11-1980. It then went on to consider the appeal on merits and restoring the order, dated 17-7-1961 passed by the Settlement Commissioner again ordered its division. The petitioners then moved this Court by a petition for special leave to appeal (C.P.S.L.A. No. 1595/1980). This was dismissed by this Court on 26-4-1983. Hence this petition for review. The main contention raised by the learned counsel for the petitioners when the petition for…
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