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1971 S C M R 171
Present : Hamoodur Rahman, C. J., Sajjad Ahmad,
M. R. Khan and Wahiduddin Ahmad, JJ
Sh. ANWAR‑UL‑HAQ‑Petitioner
versus
Miss SURRAYA PARVEEN AND 2 OTHERS ---Respondents
In re : Review Petition No. 21 of 1970, in Civil Appeal No. 121 of 1965, decided on 29th October 1970.
Supreme Court Rules, 1956,
O. XXVI, r. 5‑Review petition- Could competently be filed by Advocate assisting another Advocate and present at time order sought to be reviewed was passed.
Tanvir Ahmed, Advocate‑on‑Record Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing : 29th October 1970.
WAHIDUDDIN AHMAD, J.‑
In this matter the question for consideration is whether Mr. Saeed Akhtar who assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal can file the review petition under Order XXVI, rule 5 which reads as under:‑
"5. Except with the special leave of the Court, no applica tion for review shall be drawn by any Advocate other than the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. Such Advocate shall, unless his presence has been dispensed with by the Court, be present at the hearing of the application for review."
The learned Advocate‑on‑Record has contended that the singular includes plural and, therefore, any Advocate who appeared on behalf of a party at the hearing of the case can draw the review petition and such review petition will be maintainable. The contention is not without force. In our opinion any Advocate who appeared at the hearing can draw the review petitions and file it in Court. Admittedly, Mr. Saeed Akhtar assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal. His appearance, therefore, is sufficient to fulfil the require ments of the above‑mentioned rule. We would, therefore, direct the office to register the review petition and to fix it for hearing according to the rules.
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