Law:

Section:

Judgment------- Practice and procedure---Constitutional petition---Short order relating thereto was announced by Court in presence of one of the counsel for petitioner---Petitioner's other counsel appearing after about half an hour of the announcement of ---Such Counsel addressing Court under the assumption that short order passed by Court having not been signed as yet it had assumed no legal character---Court informed counsel that short order passed by it, was dictated, typed and signed, but detailed which was being typed was still to be read and signed---Counsel's plea was that detailed having not been typed, signed and pronounced at the time of his coming to Court after receipt of information about the fate of his Constitutional petition, the same was liable to be recalled, notice be issued to other party and arguments of both parties be heard---Counsel's assumption that Court having allowed him to address the Court on the point involved, on subsequent day, would mean that oral order passed earlier had since been recalled and that he was entitled to argue his case, was misplaced---Short order was signed and announced and was signed on specified date and file was sent to the office, therefore, no lis was pending before Court and unless application for review was made Court had become functus officio---Judgment announced by Court, thus, could not be recalled in circumstances--­Constitution of Pakistan (1973), Art.. 199. Muhammad Ibrahim v. D.C 1971 SCMR 63 and Muhammad Amin v. Muhammad Ramzan PLD 1988 Lah. 331 ref. ORDER Mr. A.K. Dogar Advocate, learned counsel for the petitioner, had appeared on 19-12-1994 after about half an hour of the announcement of the short order which was made in the presence of Mr. Ashtar Ausaf Ali, Advocate who had appeared with Mr. A.K. Dogar on 18-12-1994 during the course of arguments. Mr. A.K. Dogar, Advocate had addressed the Court under the assumption that even the short order was not signed. He was informed that the short order was dictated, typed and signed but the detailed judgment-which was being typed in my Chamber by my Personal Assistant was still to be read by me and to be signed. He demanded that the short order be got…

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