Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art. 185(3)--Leave to appeal was granted on the ground that review petition filed by respondents against of High Court was clearly barred by time. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Jurisdiction of Supreme Court not to be exercised in aid of injustice--Where an appeal was likely to succeed on question of limitation but the case was otherwise unjust on merits, Supreme Court would refrain to interfere. (c) Constitution of Pakistan (1973)-- ---Art. 185(3)--Review order [passed by High Court]--Validity of--Appellants' predecessor being a Government servant, his case was clearly covered by the notification relied upon by High Court in its review order--High Court's order passed in review was thus absolutely correct. (d) Constitution of Pakistan (1973)-- Art. 185(3)--Supreme Court practice--Supreme Court's consistent practice being not to interfere in cases where a just order has been passed--No interference was called for in impugned order. Muhammad Naseem, Advocate Supreme Court and Gharib Nawab, Advocate-on-Record for Appellants. Abdul Hafeez Lakho, A.G. Sind and S.M. Abbas, Advocate-on-Record for Respondents. Date of hearing: 24th January, 1989. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment of the High Court dated 29-11-1981, whereby it accepted the review petition filed by the respondents against its earlier order dated 14-5-1981 and modified the said judgment to the extent that the appellants shall be entitled to retain the land on account of owning a tractor in terms of para. 5 of the notification dated 17-7-1972. Leave was granted on the ground that the review petition filed by the A respondents against the judgment of the High Court dated 14-5-1981 was clearly barred by time. We have heard the learned counsel for the parties and the learned Advocate-General, Sind on behalf of the respondents. The latter concedes that the review petition was barred by 4 days but submits that as this objection was not raised before the Bench hearing the review petition and the order passed by the High Court is a just order insofar as it has corrected the part of its…

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