SCMR 1997

1997 PLP 610 (SCMR)

Mst. DILBAR HAMID‑‑‑Applicant Versus Dr. GHULAM BHEEK KHAN and others‑‑‑Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Miscellaneous Application No.560 of 1996 in Civil Appeals Nos.213 and 214 of 1987, decided on 15th December, 1996.
Honorable Judges
Saiduzzaman Siddiqui and Muhammad Bashir Khan Jehangiri, JJ
Case Reference Summary (AEO Optimized)
Citation 1997 PLP 610 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Saiduzzaman Siddiqui and Muhammad Bashir Khan Jehangiri, JJ
Parties Mst. DILBAR HAMID‑‑‑Applicant Versus Dr. GHULAM BHEEK KHAN and others‑‑‑Respondents
Primary Law Civil Procedure Code (V of 1908)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1997 PLP 610 (SCMR)?

This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1997 PLP 610 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Muhammad Bashir Khan Jehangiri, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1997 PLP 610 (SCMR) (Mst. DILBAR HAMID‑‑‑Applicant Versus Dr. GHULAM BHEEK KHAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil Procedure Code (V of 1908)‑‑‑

Representation

  • Nemo for Respondents.
  • Date of hearing: 15th December, 1996.
  • Sh. Hamid Mukhtar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record (absent) for Applicant.

Headnotes / Summary

(On appeal from the judgment and order of the Lahore High Court, Lahore dated 11‑10‑1996 in L.P.A. No.221 of 1971). ‑‑‑‑S.12(2)‑‑‑Constitution of Pakistan (1973), Art 185(3)‑‑‑Application under S.12(2), C.P.C. after filing review petitions‑‑‑Maintainability‑‑‑Application under S.12(2), C.P.C. for setting aside judgment of Supreme Court‑‑‑Prior to filing of such application two review petitions were filed seeking review of judgment in question and in both those petitions petitioner also appeared as one of applicants ‑‑‑Petitioner's contention that she being permanent resident of Canada, did not appoint any counsel to file review petition was not supported by any material on record‑‑‑Application under S.12(2), C.P.C. would not lie after dismissal of review petition by Supreme Court‑‑‑Application under S.12(2), C.P.C. was dismissed in circumstances. Sh. Hamid Mukhtar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record (absent) for Applicant.

Judgment & Decree

(On appeal from the judgment and order of the Lahore High Court, Lahore dated 11‑10‑1996 in L.P.A. No.221 of 1971). ‑‑‑‑S.12(2)‑‑‑Constitution of Pakistan (1973), Art 185(3)‑‑‑Application under S.12(2), C.P.C. after filing review petitions‑‑‑Maintainability‑‑‑Application under S.12(2), C.P.C. for setting aside judgment of Supreme Court‑‑‑Prior to filing of such application two review petitions were filed seeking review of judgment in question and in both those petitions petitioner also appeared as one of applicants ‑‑‑Petitioner's contention that she being permanent resident of Canada, did not appoint any counsel to file review petition was not supported by any material on record‑‑‑Application under S.12(2), C.P.C. would not lie after dismissal of review petition by Supreme Court‑‑‑Application under S.12(2), C.P.C. was dismissed in circumstances. Sh. Hamid Mukhtar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record (absent) for Applicant. Nemo for Respondents. Date of hearing: 15th December, 1996. Petitioner has filed the present Miscellaneous Application under section 12 (2), of C.P.C. seeking setting aside of judgment of this Court dated 11‑8‑1991, It is not disputed by the learned counsel for the petitioner that prior to filing of application under section 12 (2), C.P.C. two review petitions were filed seeking review of judgment dated 11‑8‑1991 and in both petitions the name of the present petitioner also appears as one of the applicants. The learned counsel, however, contends that the petitioner is a permanent resident of Canada and she did not appoint any counsel to file the review petitions. Beside the fact that no material is available in support of the contention, the application under section 12(2), C.P.C. simply does not lie after dismissal of the review petition by this Court. This miscellaneous application is accordingly dismissed as not maintainable. A.A.ID‑127/S Application dismissed,