SCMR 1980

1980 PLP 324 (SCMR)

HAQ NAWAZ-Petitioner Versus Kh. SHAIQ HASSAN AND ANOTHER-Respondents

Jurisdiction / Court
-- Art. 188-Review-Petitioner seeking review on sole ground of hav ing discovered subsequently respondent having been transferee of an other shop in addition to one subject-matter of litigation-Caveator, however, appearing in person and stating to have obtained such shop in auction and acquisition being not hit by any provision of law-Peti tioner having no locus standi to challenge earlier transfer in favour of caveator, inappropriate for him, held to seek review on a fresh ground not urged at any stage of proceedings-Supreme. Court Rules, 1956, O. XXVI.-Review.
Decided Date
Civil Review Petition No. 24-R of 1977, decided on 8th October, 1979.
Honorable Judges
Muhammad Haleem and G. Safdar Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1980 PLP 324 (SCMR)
Forum / Court -- Art. 188-Review-Petitioner seeking review on sole ground of hav ing discovered subsequently respondent having been transferee of an other shop in addition to one subject-matter of litigation-Caveator, however, appearing in person and stating to have obtained such shop in auction and acquisition being not hit by any provision of law-Peti tioner having no locus standi to challenge earlier transfer in favour of caveator, inappropriate for him, held to seek review on a fresh ground not urged at any stage of proceedings-Supreme. Court Rules, 1956, O. XXVI.-Review.
Bench Members Muhammad Haleem and G. Safdar Shah, JJ
Parties HAQ NAWAZ-Petitioner Versus Kh. SHAIQ HASSAN AND ANOTHER-Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1980 PLP 324 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1980 PLP 324 (SCMR)?

The case was heard and decided by the -- Art. 188-Review-Petitioner seeking review on sole ground of hav ing discovered subsequently respondent having been transferee of an other shop in addition to one subject-matter of litigation-Caveator, however, appearing in person and stating to have obtained such shop in auction and acquisition being not hit by any provision of law-Peti tioner having no locus standi to challenge earlier transfer in favour of caveator, inappropriate for him, held to seek review on a fresh ground not urged at any stage of proceedings-Supreme. Court Rules, 1956, O. XXVI.-Review. bench comprising: Muhammad Haleem and G. Safdar Shah, JJ.

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

Cite this legal precedent as: 1980 PLP 324 (SCMR) (HAQ NAWAZ-Petitioner Versus Kh. SHAIQ HASSAN AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • A. R. Shaukat, Advocate and Mahmood A. Qureshi, Advocate-on -Record for Petitioner.
  • Date of hearing : 8th October, 1979.
  • A. R. Shaukat, Advocate and Mahmood A. Qureshi, Advocate‑on -Record for Petitioner.

Headnotes / Summary

(On review of the Order of the Court dated 17-1?_-1976 in C. P. 99 of 1975). -- Art. 188-Review-Petitioner seeking review on sole ground of hav ing discovered subsequently respondent having been transferee of an other shop in addition to one subject-matter of litigation-Caveator, however, appearing in person and stating to have obtained such shop in auction and acquisition being not hit by any provision of law-Peti tioner having no locus standi to challenge earlier transfer in favour of caveator, inappropriate for him, held to seek review on a fresh ground not urged at any stage of proceedings-Supreme. Court Rules, 1956, O. XXVI.-[Review]. Respondents in person.

Judgment & Decree

MUHAMMAD HALEEM, J.‑The petitioner seeks review of this Court's order dated 17th of December, 1976, in Civil Petition for Special Leave to Appeal No. 99 of 1975, on the sole ground that the petitioner had sub sequently discovered that the respondent was a transferee of another shop in addition to the one which was the subject‑matter of litigation ; and to support this contention he relied on the P. T. O. which he has now been able to obtain. The caveator who appeared in person stated that he had obtained that shop in auction and that this acquisition is not hit by any provision of law. Be that as it may, as the petitioner has no locus standi to challenge the earlier transfer in favour of the caveator, it is inappropriate for him to seek review of the order on a fresh ground which was not urged at any stage of the proceedings. There is, therefore, no error on the face of the record. The petition is, accordingly, dismissed. Petition dismissed.