Law:

Section:

Azad Jammu and Kashmir Supreme Court Rules-------O.XI, R.1, proviso (ii) ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Review of earlier of Supreme Court---While disposing of said appeal, Supreme Court had opined that question as to whether previous Constitutional petition was filed by petitioner or he was personified by someone else, could not be resolved in Constitutional jurisdiction for that being question of fraud, would need detailed inquiry---Review jurisdiction of Supreme Court was not the same thing as appellate jurisdiction---Points decided in appeal. thus, could not be re-agitated by filing review. ORDER SARDAR SAID MUHAMMAD KHAN, C.J.---This review petition has beep directed against the judgment of this Court, dated 18-11-1996, whereby the appeal filed by the petitioner- herein, was dismissed. 2. We have heard the preliminary arguments on the review petition. It has been contended by the petitioner that as the petitioner had filed a civil suit, which was pending at the time of the institution of the writ petition, it cannot be said that the writ petition tiled by the petitioner was hit by laches. According to the petitioner, if an order of a Rehabilitation Authority or Custodian is challenged as being mala fide, the Civil Court has the jurisdiction to try the matter. It may be stated that the aforesaid point agitated in the review petition has been dealt by us in the judgment under review. The petitioner, herein, filed the writ petition after the expiry of eleven months, reckoned from the date of the relevant orders passed by the Custodian. for which there is no explanation in the writ petition. It has also been dealt with in the…

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