Law: Constitution of Pakistan, 1973

Section: 188

Law: Civil Procedure Code (V of 1908)

Section: 1

Constitution of Pakistan (1973)   Art. 188 Supreme Court Rules, 1980, OXXVI, R. 1 Civil Procedure Code (V of 1908), O. XLVII, R.1 Petition for review of Supreme Court Petitioners’ contention that finding given by Supreme Court in its impugned was based on some erroneous assumptions of fact Such contention on perusal of record appeared to be ,correct Supreme Court in agreeing with High Court to disallow claim for specified amount had done so by overlooking some important pieces of evidence which were present on the record Finding in that respect, therefore, required review Supreme Court reviewed its to the extent that specified amounts paid by petitioners to respondents were upheld with the result that decree passed by High Court in favour of respondents to the extent of ascertained amount was reduced to the extent of amount paid earlier by petitioners to respondents Decree was to remain intact in respect of remaining amount. ORDER NASIM HASAN SHAH, J.This review petition is directed against the judgment passed by this Court dated 12 1 1991 in Civil Appeal No. 224 of 1988 whereby the appeal of the petitioner herein (CA. No. 224 of 1988) was dismissed. The learned counsel for both the parties have been heard at great length on the merits and this review petition is, accordingly, being decided on merits. In the appeal preferred by the petitioners, it was pointed out that the High Court had confined their attention only to the following claims: (a) Rupees 50,000 paid to Mrs. Azra Shaikh; (b) Rupees Two Lacks paid to Azam Qureshi; and (c) Rupees Seven Lacks on account of pledged goods; but had erroneously disallowed the above claims of the petitioners and this Court while agreeing with the findings of the High Court, disallowing the above claims, had committed errors which were patent on the face of the record. Now after having heard the learned counsel for the parties again, we are inclined to agree that the High Court was not indeed justified in disallowing the claim of Rs.50,000 which the petitioners claimed to have paid to Azam Qureshi and that these claims were erroneously disallowed. However, we are still of the opinion that the amount of Rs.7,00,000…

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