Case Details

Citation(s)
2005 SLG 1457 2005 SLD 1457 2005 CLC 1935
Lahore High Court
Review Application No.61 of 2005 in Writ Petition No.14308 of 2005, decision dated: 12-08-2005.
MIAN HAMID FAROOQ, J

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Malik AHMAD KHAN---Applicant

VS

DISTRICT RETURNING OFFICER, JHANG and 3 others

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 114, O. XLVII, R.1---Constitution of Pakistan (1973), Art.199---Application for review---Review could not be made a pretext for re-arguing whole case and matter could not be re-opened under the garb of review application---Case of applicant as made out in the application, did not fall within scope of O.XLVII, R.1, C.P.C. inasmuch as no mistake or error on the face of record had been pointed out by applicant---Applicant had produced copy of an order which was not produced, originally, with constitutional petition---Even that would not advance case of applicant as production of copy of said order, at belated stage, would not amount to discovery of new and important matter or evidence---No case of review of order having been made out, High Court, declined to review impugned order. Muhammad Zafarullah Khan v. Muhammad Khan and another 1975 SCMR 473 ref. Muhammad Ahsan Bhoon for Applicant. ORDER MIAN HAMID FAROOQ, J.--- Petitioner, through the present application, seeks review of order, dated 5-8-2005, whereby this Court dismissed his constitutional petition (Writ Petition No.14308 of 2005). 2. Learned counsel states that the petitioner was removed from service on the ground of "insubordination", which penalty was maintained by the Honourable Administrative Judge of this Court, vide order, dated 2-8-1985. He adds that term "insubordination" does not come within the purview and scope of term "moral turpitude". He submits that no law can be applied retrospectively, unless expressly provided so. He has relied upon Articles 12 and 25 of the Constitution of Islamic Republic of Pakistan. He has also produced a copy of order, dated 8-8-2005, passed by the Honourable Supreme Court of Pakistan in Civil Petition No.2079 of 2005 (Waheed Murad and another v. Ch. Muhammad Aslam, District Judge/Returning Officer/Appellate Authority, Union Council Elections, District Sialkot and 7 others). 3. Petitioner's constitutional petition was dismissed by this Court, on 5-8-2005, after hearing the learned counsel for the petitioner and dealing with the contentions raised by the learned counsel at the time of arguing the writ petition. None of the…
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