Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Review Petition No. 44‑R of 1977 in Civil Petition No. 681 of 1974, decided on 27th October, 1979.
(On review of this Court's judgment dated 5‑11‑1977 in C. P. S. L. A. No. 681/1974).
----Art. 188‑Review‑Argument earlier advanced and considered‑‑Rehearing of case, held, cannot be permitted under cover of a petition for review‑Supreme Court of Pakistan Rules, 1956, O. XXVI.‑ [Review].
Mir Abdullah v. Muhammad Ali and 2 others 1977 S C M R 280 ref.
Bashir Ahmad Ansari, Advocate Supreme Court for Petitioners.
Nemo for Respondent:
Date of hearing : 27th October, 1979.
, J.‑The order dated 5th November, 1977 dismissing a petition for special leave to appeal is sought to be reviewed through this review petition.
The petitioners filed a suit for pre‑emotion on the assertion that the transaction in question was not a gift (as shown by the concerned parties), but it was a sale. The trial arid first appellate Courts gave findings of fact in their favour. In 2nd appeal it was held by the Lahore High Court that the findings of fact by the Lower Courts were based on conjectures and surmises and were not based on any reliable evidence. As noted in the order under review, the learned counsel then appearing in this Court read the entire record'. The Court after reading the relevant statements observed : "We are fully satisfied that the transaction in dispute was a gift." It was also observed that "the High Court has considered all the evidence on record ".
Learned counsel relying on Mir Abdullah v. Muhammad Ali and others (1977SCMR280) contends that sections 100 and 101, C. P. C. did not permit the re opening of decision on questions of fact in 2nd appeal. This very argument was earlier advanced and considered. The case cited now was also noticed. Rehearing, particularly in the circumstances like the present, cannot be permitted under the cover of a petition for review. It is accordingly dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer