2008 SCMR 1007 (PLP)
Sheikh FATEH MUHAMMAD — Petitioner Versus MUHAMMAD ADIL and others — Respondents
| Citation | 2008 SCMR 1007 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi, Mian Hamid Farooq and Muhammad Farrukh Mahmud, JJ |
| Parties | Sheikh FATEH MUHAMMAD — Petitioner Versus MUHAMMAD ADIL and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 SCMR 1007 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 SCMR 1007 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi, Mian Hamid Farooq and Muhammad Farrukh Mahmud, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 SCMR 1007 (PLP) (Sheikh FATEH MUHAMMAD — Petitioner Versus MUHAMMAD ADIL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amir Alam Khan, Advocate Supreme Court for Petitioner.
- Gulzarin Kiani, Advocate Supreme Court for Respondents.
- Date of hearing: 3rd April, 2008.
Headnotes / Summary
(On review of the judgment/order, dated 10-4-2007 passed by this Court in Civil Appeal No.93 of 2003).
At. 188
Supreme Court Rules, 1980, O.XXVI, R. 1-Review of Supreme Court judgment
points already raised and considered before the Court, cannot be re-agitated in review jurisdiction which is confined to the extent of patent error or a mistake floating on the surface of record which, if not corrected may perpetuate illegality and cause injustice
Mere fact that another view of the matter was possible or the conclusion drawn in the judgment was wrong, would not be a valid ground to review the judgment unless it was shown that the Court had failed to consider an important question of law.
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, J.
This petition under Article 188 of the Constitution of Islamic Republic of Pakistan read with Order XXVI, Rule 1 of the Supreme Court Rules; 1980 has been filed seeking review of the judgment, dated 10,-4-2007 of this Court, whereby the Civil Appeal bearing No.93 of 2003, arising out of a pre-emption matter, filed by the petitioner was dismissed.
2. We have heard learned counsel for the parties and perused the record with their assistance. The contentions raised by the learned counsel in support of this petition have already been exhaustively dealt with in the judgment under review. This is a settled proposition of law that the points already raised and considered before the Court, cannot be re-agitated in review jurisdiction which is confined to the extent of patent error or a mistake floating on the face of record which, if not corrected may perpetuate illegality and cause injustice. The mere fact that another view of the matter was possible or the conclusion drawn in the judgment was wrong, would not be a valid ground to review the judgment unless it is shown that the Court has failed to consider an important question of law. In view thereof, we are not inclined to take any exception to the judgment passed by this Court and consequently, the review petition stands dismissed. M.B.A./F-5/SC Petition dismissed.