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MUHAMMAD ISBAQUE versus BAKHTAWARI


O XXVI, r 6 review request made for r 6 exception request not allowed

1983 S C M R 403

Present: Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ

MUHAMMAD ISHAQUE AND OTHERS‑Petitioners

Versus

Mst. BAKHTAWARI AND OTHERS‑Respondents

Civil Review No. 60 of 1981 in Civil Petition No. 736 of 1981, decided on 3rd May, 1982.

(Application under Order XXVI rule 1 of the Supreme Court Rules for review of the judgment dated 7th July, 1981 passed in C. P. S. L. A. No. 736/81).

Supreme Court Roles, 1980‑

‑‑ O. XXVI, r. 6‑Review‑Application for exemption from r. 6 made in review application disallowed‑Refiling of review petition with a delay of 60 days‑Reasons given for delay found not satis factory‑Review petition dismissed.

Malik Saeed Hassan, Advocate Supreme Court and Ch. Ghulam Mujtaba, Advocate‑on‑Record for Petitioners.

Date of hearing : 3rd May, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

The aforementioned Review Petition was earlier presented on 14‑9‑1981, in contravention of the provisions of rule 6 of Order XXVI of the Supreme Court Rules inasmuch as the same had not been drawn by the Counsel/A. O. R. who appeared at the time of the hearing of the Petition for Leave to Appeal. Mr. Ghulam Mujtaba, A. O. R. who filed the Review Petition made an application for exemption from the aforementioned rule. The same was, however, disallowed by the order of this Court dated 23‑9‑1981. Mr. Ghulam Mujtaba, A. O. R. then took back original papers from Office on 28‑9‑1981 and refiled the same on 26‑11‑1981 alongwith an application for condonation of delay in filing it. It is barred by 60 days and the reasons given for the delay are not satisfactory. We do not consider it a fit case for condoning the delay. The Review Petition is consequently dismissed.

Petition dismissed.

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