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MUHAMMAD NASEER versus DOST MUHAMMAD


O XXVI Review Court's opinion is invalid There is no room for review on the order

1975 S C M R 87

Present : Waheeduddin Ahmad and Salahuddin Ahmed, JJ

MUHAMMAD NASEER‑Petitioner

versus

Hakim DOST MUHAMMAD AND 2 OTHERS‑Respondents

Civil Review Petition No. 31 in Civil Petition for Special Leave to Appeal No. 224 of 1973, decided on 30th May 1973.

(On review from the judgment and order of the Supreme Court dated the 11th October 1973, in Civil Appeal No. 224 of 19.'3).

(a) Settlement Scheme No. VII [Reconstituted]‑

‑‑ Transfer of shop‑Person obtaining transfer of a shop‑Barred from getting another shop transferred in his favour.

(b) Supreme Court Rules, 1956‑

‑‑ O. XXVI‑Review‑View of Court being wrong‑No ground for review of order.

Abdul Majeed Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 30th May 1974.

ORDER

WAHEEDUDDIN AHMAD, J.

‑This is an application for review of our order dated the 11th October, 1973. The only contention raised by the petitioner is that the view taken by us in that order that Settlement Scheme No. VII is subject to Settlement Scheme No. I, is erroneous. This contention has no force. As has been mentioned in the said order, according to the reconstituted Scheme No. 7, the property is to be transferred in accordance with the provisions of the Act and the Settlement Scheme. Under the Settlement Scheme, there is a clear bar for getting the transfer of a shop if a person has obtained transfer of another shop.

In any case, even if our view is wrong that is no ground to review our order. The petition is dismissed.

Petition dismissed.

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