Law: Constitution of Pakistan, 1973

Section: 188

(a) Supreme Court Rules, 1980--   ---O.XXVI, R.1--Constitution of Pakistan (1973), Art.188--Review-­Factual error on face of record--Plea raised that a particular document was not referred to and no arguments were based thereon--Said document not traceable on record nor it could be ascertained whether same was tendered before Trial Court--Three Courts below not making any reference to said document--Review refused.   (b) Supreme Court Rules, 1980--   ---O. XXV I, R. 1--Constitution of Pakistan (1973) , Art. 188--Review-­Plea not raised in Courts below or at time of hearing of appeal, not permitted to be raised in review--Held: It was not permissible for petitioners to set up a new case in review petition.   (c) Supreme Court Rules, 1980--   ---O.XXVI, R.1--Constitution of Pakistan (1973), Art.188--Review scope of--Petitioner seeking a rehearing of appeals afresh which was outside the scope of review proceedings--No ground to review the impugned having been made out, petitions dismissed. ORDER ZAFFAR HUSSAIN MIRZA, J.--These are five review petitions directed against the common judgment dated 29th October, 1986, in connected Civil Appeals Nos.330/83, 331/81, 332/83, 333/81 and 334/83 As a common argument was addressed by the learned counsel we propose to dispose of these petitions by this common order. 2. We have heard the learned counsel at length and considered his arguments. His main grievance is that the case of the petitioners (defendants in the suits) was not considered in the impugned judgments as their documents have not been referred to nor the arguments based thereon. In this connection learned counsel has referred to the following passage of the impugned judgment:- The appellants, on coming to know about these transfers moved the competent authorities in the Settlement Department and obtained orders that the PTO and PTD issued in favour of the respondents be cancelled vide order dated 15th November 1969. It was thereafter that no PTD or PTO had been issued in respect of units Nos.2257 and 2258, but such documents issued in respect of units Nos.2259 and 2260 were cancelled vide Deputy Settlement Commissioner, Multans Letter…

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