| Citation(s) |
|---|
| 2010 SLG 2735 2010 SLD 2735 2010 SCMR 827 |
Supreme Court of Pakistan
Civil Review Petition No.107 of 2008 in Civil Appeal No.1781 of 2000, decision dated: 12-02-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND GHULAM RABBANI, JJ
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Civil Review Petition No.107 of 2008 in Civil Appeal No.1781 of 2000, decision dated: 12-02-2010
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND GHULAM RABBANI, JJ
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MUHAMMAD SHAFI and others
VS
. SULTAN MAHMOOD and others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 188 & 185(2)(3)---Civil Procedure Code (V of 1908), Ss.96, 100 & O. XLI, R.33---Review of Supreme Court ---Impugned of High Court being at variance with that of District Judge---Decision of appeal by Supreme Court without giving independent reasons for agreeing with High Court and disagreeing with District Judge---Petition for review of such decision of Supreme Court---Validity---Appeal in such case could not be disposed of by writing one sentence of approving impugned ---Supreme Court seized with matter, either arising out of petition or on direct appeal, would be bound to give on basis of pleadings and available material and record its conclusion with logical reasons while agreeing with High Court or first Appellate Court---Supreme Court accepted review petition, recalled its such decision and fixed appeal for re-hearing. Madan Gopal and other v. Maran Bepari and others PLD 1969 SC 617 rel. Gulzarin Kiyani, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners. Muhammad Hanif Niazi, Advocate Supreme Court for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ.--- This petition has been filed for review of the judgment dated 26-2-2008 passed by this Court in Civil Appeal No.1781 of 2000. 2. Learned counsel appearing for the petitioner argued the case and pointed out that the judgment passed by the appellate Court i.e. District Judge dated 21-2-1989 and the judgment of the High Court dated 5-10-2000 were at variance, therefore, while disposing of the appeal it was incumbent upon this Court to record findings independently in respect of the points involved in the case. In this behalf he drew our attention inter alia to one of the points noted in the judgment "whether learned Additional District Judge has given a correct finding that the land purchased by appellants Nos.7, 8 and 12 was so purchased in exercise of right of pre-emption and if so whether the sale in their favour qualifies for protection against the suit filed by appellants Nos.1 and 2. He further pointed out that this question was examined but without having taken into consideration the pleadings and material available on…
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