Case Details

Citation(s)
1986 SLG 749 1986 SLD 749 1986 SCMR 1155
Supreme Court of Pakistan
Civil Review Petition No. 34-R of 1984, decision dated: 5-03-1986. (On review from the judgment of this Court, dated 17-6-1984, in Civil Appeal 223 of 1977).
MUHAMMAD HALEEM, C.J., MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ

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HUSSAIN

VS

ALLAH BAKHSH-

Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 188--Supreme Court Rules, 1980, O.XXVI, r. 1--Review--Ground for--Inaccuracy pointed out in narration of facts in the not material for decision of appeal does not constitute error apparent on record so as to furnish ground for review. (b) Constitution of Pakistan (1973)-----Art. 188--Supreme Court Rules, 1980, O. XXVI, r. 1--Reivew--Ground for--New plea which was not taken at time of main appeal nor noticed in leave granting order as such, could not be considered at stage of review. Ch. Khalilur Rehman, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Ch. M. Aslam Chatta, Advocate-on-Record for Respondent Date of hearing: 5th March, 1986. ORDER ZAFFAR HUSSAIN MIRZA, J.--This is a petition for review of this Courts judgment, dated 17th June, 1984, in Civil Appeal No.223 of 1977. 2. The first grievance of the petitioner is that while narrating the facts in the judgment it has been observed that Ladha, the original owner, redeemed the mortgage in favour of the petitioner, before alienating the land in his favour. According to the learned counsel, this is not correct even according to the averments made in the plaint. The actual position according to the learned counsel was that the mortgage in favour of the petitioner was not redeemed by Ladha, but as the latter had sold the equity of redemption in his favour, the mortgage was extinguished. It was in order to bring this fact on the revenue record that Mutation No. 1517, dated 6th June, 1970 was attested. 3. Learned counsel concedes that this fact was not germane or relevant to the issue determined by the judgment in appeal. But according to him it is liable to expose the petitioner to further litigation. On the sale being…
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