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MUHAMMAD SARWAR versus ASAD HAKIM


Article 188 and the rules of the Supreme Court, 1980, A XXVI Review Council which is already seeking to re-discuss the points set by the court for the purpose no justification should be filed that a word of caution be entered In order to avoid prejudice to the decision-maker after remand on certain issues. As far as the intention of minimizing the impact of the decision on any matter is held, it cannot be observed but it has been ensured that the applicant will not face any special prejudice on a particular case. As a result, a decision will be taken against the hips, with its necessary consequences.

1983 S C M R 177

Present: Muhammad Afzal Zullah, Shafi‑ur‑Rehman and Mian

Burhanuddin Khan, JJ

Haji MUHAMMAD SARWAR‑Petitioner

Versus

Mian ASAD HAKIM AND OTHERS‑Respondents

Civil Review Petition No. 1 of 1982, decided on 20th October, 1981

(On review from the judgment and order of this Court in C. P. S. L. A. No. 585/ 1981).

Constitution of Pakistan (1973)---

‑‑ Art. 188 and Supreme Court Rules, 1980, O. XXVI‑Review‑Counsel trying to re‑argue points already decided by Court‑No justification made out for purpose‑Request that "a word of caution be recorded" so as to avoid prejudice to petitioner regarding decision after remand on certain issues in so far as it purports to reduce effect of decision on an issue, held, cannot be granted‑Observation however made that petitioner shall not suffer any real prejudice subject to extent decision on particular issue gone against hips together with necessary consequence thereof.

Abdul Majid Khan, Senior Advocate Supreme Court and Abdul Karim Advocate‑on‑Record (absent) for petitioner.

Nemo for Respondents.

Date, of hearing : 20th October, 1982,

ORDER

MUHAMMAD AFZAL ZULLAH, J

‑Learned counsel in support of this petition for review of judgment dated 14‑12‑1982, has tried to re‑argue the points already decided by this Court. No justification, however, has been made for attempted re‑hearing.

The request that "a word of caution be recorded," so as to avoid prejudice to the petitioner regarding decision after remand on issues Nos. 5 and 5‑A, in so far as it purports to reduce the effect of decision on issue No. 4, cannot be granted. That being so, it is observed that the petitioner shall not suffer any real prejudice, subject of course to the extent the decision on issue No. 4 has gone against him together with necessary consequence thereof, in the circumstances of the case.

With the foregoing this petition is dismissed as without any merit.

Petition dismissed.

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