| Citation(s) |
|---|
| 2008 SLG 1893 2008 SLD 1893 2008 SCMR 1590 |
Supreme Court of Pakistan
C.R.P. No.5-L of 2008, decision dated: 21st July, 2008.(Against the order, dated 3-10-2006 passed by this Court in C.P. No.2670-L of 2000)
IJAZ-UL-HASSAN KHAN, ZIA PERWEZ AND MIAN HAMID FAROOQ, JJ
A.H. Masood, Advocate-on-Record for Petitioners. Nemo for
Respondents
C.R.P. No.5-L of 2008, decision dated: 21st July, 2008.(Against the order, dated 3-10-2006 passed by this Court in C.P. No.2670-L of 2000)
IJAZ-UL-HASSAN KHAN, ZIA PERWEZ AND MIAN HAMID FAROOQ, JJ
A.H. Masood, Advocate-on-Record for Petitioners. Nemo for
Respondents
Mst. GHULAM FATIMA through L.Rs. and others
VS
FARZAND and others
Law:
Section:
Constitution of Pakistan (1973)---Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---Review of Supreme Court ---Scope and principles. Case cannot be reopened on merits in review. Scope of review is very limited and review petition is not maintainable on those points which have been decided one way or the other. Moreover any dispute which has already been resolved cannot be reviewed, even if the same has been resolved illegally. Mere incorrectness of a decision on a particular issue or a question falling for determination in a case can never be a ground for review as to permit a review on the ground of such incorrectness would amount to granting the Court a jurisdiction to hear appeal against its own . The review of the cannot be allowed merely on the ground that a party to it conceives himself to be dissatisfied with the decision made therein. The review cannot be allowed to reopen the case for the purpose of affording rehearing of the points already resolved. Points already raised and considered before the Court, cannot be re-agitated in review jurisdiction which is confined to the extent of patent error or a mistake floating on the surface of record which if not corrected may perpetuate illegality and injustice. The mere fact that another view of the matter was possible or the conclusion drawn in the was wrong, would not be a valid ground to review the unless it is shown that the Court has failed to consider an important question of law. In the present case, impugned order suffered from no error or mistake of law justifying review of the same. All the points agitated while arguing the review petition had been dilated upon and decided after going through entire record with care and caution. From whatever angle the matter may be examined, no case of review was made out. The review petition was also barred by limitation. No plausible explanation had been offered for condonation of delay. The same was dismissed on both counts i.e. limitation as well as on merits. Allah Ditta and others v. Mehrban and others 1992 SCR 145 and Sh. Mehdi Hassan v. Province of Punjab through Member, Board of Revenue and 5 others 2007 SCMR 755 fol. ORDER IJAZ-UL-HASSAN KHAN, J.---…
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