Law: Constitution of Pakistan, 1973

Section: 188

Constitution of Pakistan (1973)--- ----Art. 188---Review of Supreme Court ---Supreme Court, after taking into consideration every aspect of the case and taking conscious and deliberate decision on points of facts and law had dismissed petitioner's civil petition---Neither any mistake or error appeared on the face of record nor discovery of a new and important matter or evidence was shown, which is sine qua non for exercise of review jurisdiction of the Supreme Court---Petitioner could not be allowed to re-open the case under the umbrella of review petition and his counsel could not be permitted to reargue the case---Review was declined. Mst. Kabir-un-Nisa and another v. Settlement Commissioner (Lands) Lahore and 3 others 1975 SCMR 493; Abdul Ghaffar Abdul Rehman and others v. Asghar Ali and others PLD 1998 SC 363; Mian Rafiq Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1997 SC 865; Mst. Kalsoom Malik v. Assistant Commissioner 1996 SCMR 710 and Daewoo Corporation v. Zila council Jhang 2004 SCMR 1213 ref. ORDER MIAN HAMID FAROOQ, J.---Petitioner seeks review of judgment, dated 28-4-2004, whereby this Court dismissed his Civil Petition (C.P. No.664 of 2002) and leave was refused. 2. Facts of the case as captulated in the judgment under review, are reproduced below:--- (1) "Being accused of committing the murder of one Gulai on 12-2-1950 in village Hari Chand one Mehrban was sought to be arrested, who, however, absconded. He surrendered himself to police custody on 7-7-1953 and was thereafter released on bail. On the commencement of the trial before the learned Sessions Judge at Peshawar the said Mehrban accused was summoned who, however, disappeared. Proceedings were initiated against him under sections 87 and 88 of the Cr.P.C. as a result whereof a direction was made to the Political Agent of Malakand on 1-9-1954 to attach the immovable property of the said Mehrban accused situated in village Kooper, Sakhahot area in Malakand Agency whereupon a piece of land measuring 166 Kanals, 3 Marlas was attached and subsequently sold through an open auction. This piece of land was purchased by Umar Gul, Hazrat Haque and…

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