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HAQ NAWAZ versus SHAIQ HASSAN


Article 188 The reviewing applicant wishes to review the matter which resulted in the transfer of the respondents to a shop other than an article of litigation curator, however, he appeared personally. It is said that such a shop has been acquired at auction and acquisition will not be affected. Any type of law application that has no transfer to the transfer that was previously inappropriate for challenging the transfer was held for review on a fresh ground, which was heard by the Supreme Court. Rules were not carried out at any stage of 1956, [Review]
1980 S C M R 324

Present: Muhammad Haleem and G. Safdar Shah, JJ

HAQ NAWAZ‑Petitioner

Versus

Kh. SHAIQ HASSAN AND ANOTHER‑Respondents

Civil Review Petition No. 24‑R of 1977, decided on 8th October, 1979.

(On review of the Order of the Court dated 17‑1 _‑1976 in C. P. 99 of 1975).

Constitution of Pakistan (1973)‑

‑‑ Art. 188‑Review‑Petitioner seeking review on sole ground of hav ing discovered subsequently respondent having been transferee of an other shop in addition to one subject‑matter of litigation‑Caveator, however, appearing in person and stating to have obtained such shop in auction and acquisition being not hit by any provision of law‑Peti tioner having no locus standi to challenge earlier transfer in favour of caveator, inappropriate for him, held to seek review on a fresh ground not urged at any stage of proceedings‑Supreme. Court Rules, 1956, O. XXVI.‑[Review].

A. R. Shaukat, Advocate and Mahmood A. Qureshi, Advocate‑on -Record for Petitioner.

Respondents in person.

Date of hearing : 8th October, 1979.

ORDER

MUHAMMAD HALEEM

, J.‑The petitioner seeks review of this Court's order dated 17th of December, 1976, in Civil Petition for Special Leave to Appeal No. 99 of 1975, on the sole ground that the petitioner had sub sequently discovered that the respondent was a transferee of another shop in addition to the one which was the subject‑matter of litigation ; and to support this contention he relied on the P. T. O. which he has now been able to obtain. The caveator who appeared in person stated that he had obtained that shop in auction and that this acquisition is not hit by any provision of law.

Be that as it may, as the petitioner has no locus standi to challenge the earlier transfer in favour of the caveator, it is inappropriate for him to seek review of the order on a fresh ground which was not urged at any stage of the proceedings. There is, therefore, no error on the face of the record.

The petition is, accordingly, dismissed.

Petition dismissed.

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