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SARDAR KHAN versus SAID


O XXVI, r 1 The request for a review of the order dismissing the appeal for the appeal of the Supreme Court is the argument that the application was accepted and discharged, but due to a mistake, the order may have been removed by another. The case was also listed on which the dispute was considered and forcibly reviewed. The request was granted and the office was instructed to leave the appeal and trace the earlier order.

1986 S C M R 336

Present: Aslam Riaz Hussain, Nasim Hasan Shah and Shafiur Rahman, JJ

SARDAR KHAN and others‑‑Petitioners

versus

SAID and others‑‑Respondents

Civil Review Petition No. 8 of 1982 in Civil Petition for Special Leave to Appeal No. 962 of 1976, decided on 30th April, 1985.

(Application for review of the judgment of this Court in C.P.No. 962 of 1976).

Supreme Court Rules, 1980‑‑

‑‑‑O. XXVI, r. 1‑‑Application for review of order of Supreme Court dismissing petition for leave to appeal‑‑Contention that petition was accepted and leave was granted but due to some mistake this order was probably recorded in some other case‑‑Contention considered and found to have force‑‑Review petition allowed and office directed to trace earlier order granting leave to appeal.

Ch. Mushtaq Ahmad Khan, Advocate Supreme Court with S. Wajid Hussain, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing 30th April. 1985.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

‑The petitioners seek review of the order of this Court, dated 24‑3‑1981, dismissing their Civil Petition for Special Leave to Appeal No. 962 of 1976.

2. Learned counsel for the petitioners pointed out that when the aforementioned petition was heard on 24‑3‑1981. it was, in fact accepted and leave was granted. He pointed out from the notes recorded on the cover of the brief that he had even deposited the security. He also pointed out that the facts mentioned in the impugned order had no relevance to the facts of the case in Civil Petition for Special Leave to Appeal No. 962 of 1976. He urged that ‑due to some mistake this order, which was probably recorded in some other case, was attached with the file of Civil Petition for Special Leave to Appeal No. 962 of 1976.

3. We have carefully considered the matter and feel that there is force in the aforementioned submissions. We, therefore, allow the review and direct that the main petition (Civil Petition for Special Leave to Appeal No. 962 of 1976) be fixed for hearing on a date to be fixed by the office.

Office is directed to trace the earlier order granting leave in this case.

M . Y . H . Review petition allowed.

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