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WAJID ALI versus SAJID ALI


Article 188 Supreme Court Rules, 1980, AXXVI, r 6 Review the petition that was reviewed by the Advocate, which appeared at the time of trial, and sought to be reviewed, in the application Article 188 Limitation Act. (IX of 1908), Section 5 superseded the judicial rule, 1980, AXXVI, r 2 no reason for condolences on the delay in review petition with timely restriction.

1986 S C M R 716

Present: Nasim Hasan Shah, Shafiur Rahman and Mian Burhanuddin, Khan, JJ

WAJID ALI represented by Syed Nasir Ali Shah and others‑‑Petitioners

versus

Syed SAJID ALI (represented by Legal Heir) and others‑‑Respondents

Civil Review Petition No. 7 of 1985, decided on 29th January, 1986.

(On appeal appeal from the judgment, dated 18‑12‑1984 of the Supreme Court of Pakistan in Civil Appeal No. 36 of 1975).

(a) Constitution oaf Pakistan (1973)‑‑

‑‑‑Art.188‑‑Supreme Court Rules, 1980, O.XXVI, r.6‑‑Review petition not drawn by Advocate who appeared at hearing of case sought to be reviewed‑‑No ground for relaxation of rule existing, petition dismissed.

(b) Constitution of Pakistan (1973)‑‑

‑‑Art. 188‑‑Limitation Act (IX of 1908), S.5‑‑Supreme Court Rules, 1980, O.XXVI, r.2‑‑Time‑barred review petition‑‑No sufficient cause made out for condonation of delay‑‑Petition dismissed.

Q.M. Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record (absent) for Petitioners.

Nemo for Respondents.

Date of hearing: 29th January, 1986.

ORDER

NASIM HASAN SHAH, J.

‑‑This petition is barred by 5 days. No. sufficient cause has been made out for condonation of the delay.

Even otherwise the review petition has not been drawn by' the Advocate who appeared at the hearing of the case in which the impugned judgment sought to be reviewed was passed, as required by rule 6 Chapter XXVI of the Supreme Court Rules. No good ground for relaxation of this rule exists.

This petition is, accordingly dismissed.

M.I. Petition dismissed.

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