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A. K. NIAZI versus MUHAMMAD ISMAIL


A. XXVI Review by the Supreme Court Review on the basis that the court did not consider the reasons for the respondents' possession invalid and that the applicant did not raise the point at various stages, wrong fact. Who said that the defects were not in error. In the decision of the court or the relevant order, the apex court approved by the applicant rejected the request for review and stated that neither the applicant had submitted a case for review either legally or in fact.
1985 S C M R 151

Present: Aslam Riaz Hussain, Karam Elahee Chauhan and Abdul Kadir Shaikh, JJ

A.K. NIAZI and others--Petitioners

versus

MUHAMMAD ISMAIL and others--Respondents

Civil Review Petition No.16-R of 1979, decided on 9th November, 1980.

(On review from the order of this Court, dated 2-4-1979, in Civil Petition for Special Leave to Appeal No.307/79).

Supreme Court Rules, 1956--

---O. XXVI--Review by Supreme Court--Review sought on ground that some of reasons given by Court were not correct on point of possession of respondent and finding that petitioner had not raised that point at various stages was, erroneous--Fact that said points did not figure in impugned judgment or in relevant order of Settlement Department conceded by petitioner--Supreme Court dismissed review application observing that neither legally nor factually petitioners had made out any case for review.

Taufiq A. Quraishi, Advocate-on-Record for Petitioners.

Ch.Akhtar Ali, Advocate-on-Record (absent) for Respondents.

Date of hearing: 9th November, 1980.

ORDER

KARAM ELAHEE CHAUHAN, J.-

-The only point argued is that some of the reasons given by this Court in para.8 of its previous judgment dated 2-4-1979 now under review are not correct on the point of the possession of Sh. Muhammad Ismail, respondent, and the finding that the petitioners had not raised that point at various stages was erroneous. However, it was conceded that the aforesaid point did not figure in the impugned judgment of the L.P.A. Bench or in the relevant order of the Settlement Department. In this state of affairs, we refrain from making any further observations and will dismiss this review application by simply observing that neither legally nor factually the petitioners have made out any case for review of the previous order, aforesaid.

2. The review application is accordingly dismissed.

M . Z . M . Petition dismissed.

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