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NAZEER AHMAD SHAH versus FEDERATION OF PAKISTAN


The Rules of the Supreme Court, 1956, O XXVI Review Issues are fully considered in the decision, cannot be allowed to be discussed again by way of review.

1970 S C M R 28

Present : A. R. Cornelius, C. J. and S. A. Rahman, J

Syed NAZEER AHMAD SHAH‑Petitioner

versus

THE FEDERATION OF PAKISTAN‑Respondent

Civil Review Petition No. 65 of 1966, decided on 24th October 1967.

(In the matter of review of the judgment and order of this Court, dated the 8th November 1965, in Civil Appeal No. 47 of 1965).

Supreme Court Rules, 1956

, O. XXYI‑Review‑Matters fully considered in judgment‑Cannot be allowed to be re‑argued by way of review.

Petitioner in person.

Maqbul Ahmad, Advocate Supreme Court instructed by Khalil‑ur‑Rahman, Attorney for Respondent.

Date of hearing : 24th October 1967.

ORDER

CORNELIUS, C. J.

‑The petitioner seeking a review of this Court's judgment of the 8th November 1965, in his appeal attempts to argue once again the point of the validity of the Divisional Officer's order directing his removal from Railway service, urging what had been contended previously that the power was vested in the Headquarters Office of the Railway] This matter has been fully considered in the judgment of the Court, and cannot be allowed to be re‑argued, by way of a review. The petitioner complains that certain documents of which he had sought production, were never produced by the Railway authorities at the hearing of the appeal. No complaint on this score was made at the hearing, and it cannot be entertained now. It constitutes no ground for grant of a review.

The petition is dismissed.

Petition dismissed

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