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1971 S C M R 480
Present: Muhammad Yaqub Ali and Sajjad Ahmad, JJ.
MUHAMMAD ABDULLAH‑Petitioner
versus
MUHAMMAD AKBAR AND ANOTHER‑Respondents
Review Petition No. 26 of 1969, decided on 10th June 1971.
(On second review from the order dated 10th February 1971 of this Court, in Civil Review Petition No. 26 of 1969).
Constitution of Pakistan (1962),
Art. 62 and Supreme Court Rules, 1956, O. XXVI & O. XLIX, r. 6‑Review of judgments or orders by Supreme Court‑Successive review petitions‑Not entertain able under general provisions contained in O. XLIX, r. 6.
Karam Ellahi Bhatti, Advocate Supreme Court instructed by Masud Akhtar Sheikh, Advocate‑on‑Record for Petitioner.
Nemo for Respondents
Date of hearing: 10th June 1971.
MUHAMMAD YAQUB ALI, J.
‑This is a second review petition which does not lie under the Rules.
Mr. Karam Ellahi Bhatti, attempted to argue that such a petition would be competent under the inherent jurisdiction of the Court under Order XLIX, rule 6 of the Supreme Court Rules.
The plea raised is clearly misconceived as in the presence of the specific provision that no second review petition would be entertained by the Registry there is no margin for the argument that a second review petition can be entertained under the general provision that "Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court".
The petition is dismissed as incompetent.
Petition dismissed.
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