| Citation(s) |
|---|
| 2008 SLG 1701 2008 SLD 1701 2008 SCMR 822 |
Supreme Court of Pakistan
Civil Review Petition No.130-L of 2006 in Civil Petition No.744-L of 2005, decision dated: 29-01-2008. (On review from the judgment, dated 6-2-2006 passed by this Court in Civil Petition No.744-L of 2005)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Review Petition No.130-L of 2006 in Civil Petition No.744-L of 2005, decision dated: 29-01-2008. (On review from the judgment, dated 6-2-2006 passed by this Court in Civil Petition No.744-L of 2005)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner. Nemo for
Respondents
MUHAMMAD ARSHAD BUTT
VS
EXECUTIVE DISTRICT OFFICER (EDUCATION), DISTRICT GUJRANWALA and another
Law:
Section:
Constitution of Pakistan (1973)---Art. 188---Limitation Act (IX of 1908), S.5---Review of Supreme Court -Delay in filing petition---Sufficient cause---Application for condonation of delay---Validity and scope---Petitioner had sought review of of the Supreme Court whereby the Supreme Court had converted petition into appeal and passed impugned orders---Petition was barred by 4 days and petitioner filed application for condonation of delay on the ground that he was jobless and was not in a position to contact his counsel for preparation and filing of the review petition---Ground canvassed by the petitioner for condonation of delay, did not constitute "sufficient cause" within the parameters of S.5 of Limitation Act, 1908 warranting condonation of delay---Delay could not be condoned, in circumstances---Even if delay was condoned, petitioner had no case on merits either as contentions raised by his counsel were already dealt with and decided by the Supreme Court---Petitioner, who had already got desired relief, could not be allowed to re-open the entire case under the garb of review petition as scope of review jurisdiction was very limited. ORDER MIAN HAMID FAROOQ, J.--- The petitioner, through the present petition, seeks review of the judgment, dated 6-2-2006, whereby, this Court converted petitioner's petition (C.P. No.744/L of 2005) into appeal and passed the following orders:-- "3. In view of what has been stated above this petition is converted into appeal and partly accepted and the stoppage of 5 increments reduced to one increment just for one year. These are the reasons of our short order, dated 6-2-2006 which is reproduced hereinbelow for ready…
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