Law:

Section:

Constitution of Pakistan (1973)----Arts. 183(3) & 199---Civil Procedure Code (V of 1908), O.XLVII, R.5---Judgment of Division Bench reviewed by Single Bench of High Court---Validity---Review arising of passed by Division Bench ought to have been placed before same Division Bench, which was available and Single Bench should not have decided same---Office of High Court had not brought such facts to the notice of Chief Justice before constituting the Bench---Supreme Court accepted appeal, set aside impugned order and remanded case to High Court for disposal of review application preferably by Judges, who had heard the main case earlier. ORDER SH. RIAZ AHMAD, C.J.---Leave to appeal is sought against an order dated 4th of July, 2003 by means of which the learned Judge of the High Court of Sindh (Bench at Sukkur) accepted the review application and by recalling the order dated 2-10-2001 set aside the remissions granted to petitioners by the Jail Authorities as well as the Provincial Government and directed that petitioners be taken into custody and remanded to jail for serving out the remaining portion of their respective sentences. 2. We have heard the learned counsel for the petitioners and the learned Additional Advocate-General Sindh and have also gone…

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