Case Details

Citation(s)
1992 SLG 619 1992 SLD 619 1992 SCMR 1057
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.251-K of 1991, decision dated: 4-07-1991(From the judgment dated 21-3-1991 of the High Court of Sindh, Karachi, in Review No.312 of 1991 and Civil Petition No.754-D of 1990)
AJMAL MIAN AND SAJJAD ALI SHAH, JJ

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MUNNAWAR NAIMAT

Mrs. BENAZIR BHUTTO and others

Law:

Section:

Civil Procedure Code (V or 1908)--O. XLVII, R.1---Constitution of Pakistan (1973), Art.185(3)---Review against passed by Full Bench of High Court, was dismissed--­Validity---Review was sought on the ground that since the question, whether Eighth Amendment of the Constitution was legal or not, was an issue before Supreme Court, Full Bench should not have passed the ---Petitioner referred Zulfikar Ali Bhutto's case reported as P L D 1979 SC 741, in support of his plea of review---Case referred to, by petitioner had no application as the factum 'that question of validity of Eighth Amendment was in issue before Supreme Court, was very much in the knowledge of petitioner as well as of the Court passing the in question---No ground admissible under O.XLVII, R.1, Civil Procedure Code, 1908 was made out for review of Full Bench ---Review application was thus, rightly dismissed by the High Court---Leave to appeal was refused. Zulfikar Ali Bhutto v. The State P L D 1979 SC 741 rel. ORDER AJMAL MIAN, J.---Leave to appeal is sought against the judgment dated 21-3-1991 passed by a Full Bench of the High Court of Sindh upon review petition filed by the petitioner, seeking review of the judgment dated 18-10-1990 passed by the aforesaid Full Bench of the High Court reported in January Issue of P.L.D: 1991, holding that the President's Order dated 6-8-'1990 dissolving the National Assembly of Pakistan and dismissing the. Federal Cabinet, was legal. The review was sought on two grounds, firstly, that since the petitioner had filed the Constitution petition first in time, the above judgment of the Full Bench should have mentioned his name Munnawar Naimat, as the heading of the judgment instead of Mr. Khalid Malik, another petitioner in another petition, and secondly, that since the question, whether 8th Amendment of the Constitution was legal or not, was as issue before this Court in the case of Abdul Majeeb Pirzada v. Federation of Islamic Republic of Pakistan, the High Court's Full Bench should not have passed the judgment. It was…
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