Case Details

Citation(s)
2005 SLG 1363 2005 SLD 1363 2005 CLC 1447
Lahore High Court
Review Petitions Nos.12 to 23 of 2004 in Writ Petition No.3816 of 2003, decision dated: 7-04-2005.
MUHAMMAD MUZAMMAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ

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TAYYAB IQBAL

VS

MEMBER, (COLONIES) BOARD OF REVENUE, PUNJAB LAHORE and 3 others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Limitation---Laches, condonation of---Constitutional petition has to be filed within a reasonable time i.e. time requisite for filing of appeals/revisions before High Court, which is normally three (3) months---Filing of petition after four years of passing of order impugned therein, would suffer from laches---Non-filing of application for condonation of laches by giving reasons---Such inordinate unexplained delay in approaching High Court could not be condoned---Principles. Khiali Khan v. Haji Nazir and 4 others PLD 1997 SC 304 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Pendency of civil suit before Trial/ Appellate/Revisional Courts filed against same order challenged in Constitutional petition--Effect---Pending determination of civil suit, invocation of Constitutional jurisdiction would not only be with unclean hands/mala fide, but also illegal. Haji Muhammad Ashraf v. The District Magistrate, Quetta and 3 others 2000 SCMR 238; Brig. Sahibdad Khan v. Secretary, Colonies, Board of Revenue, Government of the Punjab, Lahore and 5 others PLD 2000 Lah. 244; Haji Bossa Limited and others v. The Federal Government of Pakistan through the Secretary to the Government of Pakistan, Ministry of Food and (Agrarian Management), Islamabad and another 1986 CLC 1193 rel. (c) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), S.114 & O.XLVII, R.1---Judgment in Constitutional petition---Review---Petitioner did not point out discovery of any new/important piece of evidence, which after exercise of due diligence, was not within his knowledge at the time of passing such ---No mistake or error apparent on the face of record or any sufficient reason justifying review was pointed out---No case for review was made out---Review petition was dismissed. Peer Ahmad Shah Khaga for Petitioner. Ch. Jamshaid Hussain Assistant Advocate-General and Zeeshan Qamar, J.C. D.O.R. Office Khanewal. ORDER This judgment proposes to decide 12 review petitions, one in the hand and others detailed in the schedule appended herewith which were filed at…
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