Case Details

Citation(s)
1999 SLG 431 1999 SLD 431 1999 SCMR 2051
Supreme Court of Pakistan
Civil Review Petition No. 128 in Civil Petition for Leave to Appeal No.829-1 of 1998, decision dated: 19-04-1999. (On review from the judgment dated 26-6-1998 passed by this Court in Civil Petition No.829-L of 1998)
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
A.K. Dogar, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record (absent) for Petitioners

Mian MUHAMMAD JAHANGIR and OTHERS

VS

GOVERNMENT OF THE PUNJAB through Secretary, Housing and Physical Planning, Lahore and others

Law:

Section:

(a) Constitution of Pakistan'(1973)--Art. 188 --- Supreme Court Rules, 1980, O.XXVI, R. 1 --- Review of Supreme Court --',-Petitioner has to state with particularity, in the review petition as, to what point was specifically raised and not attended to in the under review --- Exercise of review power is limited and party cannot be permitted to invoke Art. 188 of the Constitution or O.XXVI, R. 1 of the Supreme Court Rules, 1980 as a matter of routine. (b) Constitution of Pakistan (1973)--- ---- Arts. 191 & 37(d) --- Administration of justice --- Right of a counsel to be heard adequately is an indefeasible right, which cannot be transgressed by a Court of justice, if the counsel appearing in a case is relevant in making his submissions on the point of controversy --- Principles. Right of a counsel to be heard adequately is an indefeasible right, which cannot be transgressed by a Court of justice, if the counsel appearing in a case is relevant in making his submissions on the points of controversy. However, Article 191 of the Constitution empowers the Supreme Court to make rules regulating the practice and procedure of the Court, subject to the Constitution and law. Clearly, the Court has inherent power to fix reasonable time for arguments by each side depending upon the facts and circumstances of each case. The exercise of such a power is necessary to avoid delay or defeating the ends of justice and with a view to ensure expeditious justice as envisaged by the principle laid down in clause (d) of Article 37 of the Constitution. Sacrifice of justice to obtain speedy disposition of cases could hardly be termed as justice. Mehrain Ali v. Federation of Pakistan PLD 1998 SC 1445 and Mohtarma Benazir Bhutto v. The State Criminal Appeals Nos.53 and 54 of 1999 ref. (c) Constitution of Pakistan (1973)--- ---- Arts. 188 & 185(3) --- Supreme Court Rules, 1980, O.XXVI, R. I --- Civil Procedure Code (V of 1908) O.XLVII, R. 1 --- Review of -Supreme Court --- Petition for leave to appeal--- "Error apparent on the face of record %--Error contemplated under O.XXVI, R. 1, Supreme Court Rules, 1980, is an error so manifest, so clear, that no Court can permit such an error to…
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