2008 SCMR 1723 (PLP)
Haji Malik AMANULLAH KHAN — Petitioner Versus KHYBER KHAN and others — Respondents
| Citation | 2008 SCMR 1723 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Moosa K. Leghari, Syed Zawwar Hussain Jaffery and Sheikh Hakim Ali, JJ |
| Parties | Haji Malik AMANULLAH KHAN — Petitioner Versus KHYBER KHAN and others — Respondents |
| Primary Law | (a) Supreme Court Rules, 1980, (b) Punjab Pre-emption Act (IX of 1991) |
Q1: What are the key laws and sections cited in 2008 SCMR 1723 (PLP)?
This judgment primarily cites: (a) Supreme Court Rules, 1980, (b) Punjab Pre-emption Act (IX of 1991) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 SCMR 1723 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Moosa K. Leghari, Syed Zawwar Hussain Jaffery and Sheikh Hakim Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 SCMR 1723 (PLP) (Haji Malik AMANULLAH KHAN — Petitioner Versus KHYBER KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Asghar Hussain Subzwari, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Gul Zarin Kiyani, Senior Advocate Supreme Court for Respondents.
- Date of hearing: 13th August, 2008.
- ---- O. XXVI, R.6---Constitution of Pakistan (1973), Art.188---Review of Supreme Court judgment---Procedure---Petition for review was not entertainable unless same was drawn by the Advocate who appeared at the hearing of the case in which the judgment or order was sought to be reviewed.
- MUHAMMAD MOOSA K. LEGHARI, J.--- Through this C.M.A. it is prayed on behalf of the petitioner that Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court of this Court be permitted to appear and argue the review petition.
- 2. Mr. Gul Zarin Kiyani, Senior Advocate Supreme Court has raised preliminary objection with regard to maintainability of the review petition and the competence of Syed Asghar Hussain Subzwari, learned Senior Advocate Supreme Court to argue the review petition on behalf of the petitioner. In support of his objection Mr. Gul Zarin Kiyani, Senior Advocate Supreme Court has relied upon Abdul Majeeb and another v. Chief Settlement Commissioner and others 1980 SCMR 504 and Muhammad Younas and others v. The State PLD 2005 SC 93.
- 3. We have heard Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court in support of his application. He has not been able to cross the hurdle created in the way of the petitioner, as stipulated in Rule 6 of Order XXVI of the Supreme Court Rules, 1980, and the rulings cited herein above with regard to authority and competence of Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court to file and argue the review petition. We are, therefore, not persuaded to allow this application to permit learned Senior Advocate Supreme Court to argue the review petition. The application is accordingly dismissed.
Headnotes / Summary
(On review from the judgment, dated 26-2-2007 passed by Supreme Court of Pakistan in Civil Appeal No.1622 of 2003).
O. XXVI, R.6
Constitution of Pakistan (1973), Art.188
Review of Supreme Court judgment
Petition for review was not entertainable unless same was drawn by the Advocate who appeared at the hearing of the case in which the judgment or order was sought to be reviewed. Abdul Majeeb and another v. Chief Settlement Commissioner and others 1980 SCMR 504 and Muhammad Younas and others v. The State PLD 2005 SC 93 ref.
S. 13
Plaintiff has to specify in the plaint, the date, time and place of making said Talb. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302 ref.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
Through this C.M.A. it is prayed on behalf of the petitioner that Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court of this Court be permitted to appear and argue the review petition.
2. Mr. Gul Zarin Kiyani, Senior Advocate Supreme Court has raised preliminary objection with regard to maintainability of the review petition and the competence of Syed Asghar Hussain Subzwari, learned Senior Advocate Supreme Court to argue the review petition on behalf of the petitioner. In support of his objection Mr. Gul Zarin Kiyani, Senior Advocate Supreme Court has relied upon Abdul Majeeb and another v. Chief Settlement Commissioner and others 1980 SCMR 504 and Muhammad Younas and others v. The State PLD 2005 SC 93.
3. We have heard Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court in support of his application. He has not been able to cross the hurdle created in the way of the petitioner, as stipulated in Rule 6 of Order XXVI of the Supreme Court Rules, 1980, and the rulings cited herein above with regard to authority and competence of Syed Asghar Hussain Subzwari, Senior Advocate Supreme Court to file and argue the review petition. We are, therefore, not persuaded to allow this application to permit learned Senior Advocate Supreme Court to argue the review petition. The application is accordingly dismissed.
4. Nevertheless, in order to satisfy ourselves we on our own, have proceeded to examine the judgment sought to be reviewed through this review petition. We find that the impugned judgment has been recorded strictly in accordance with the rule laid down in the case of Mian Pir Muhammad and another v. Faqir Muhammad through L. Rs. and others PLD 2007 SC 302 which precisely requires the plaintiff to specify in the plaint, the date, time and place of making Talb-e-Muwathibat. Thus, the judgment does not suffer from any apparent error to justify its review. The review petition being without merit is, therefore, dismissed. M.B.A./A-24/SC Petition dismissed.