AMANULLAH vs ABDUL GHANI AND ANOTHER

This miscellaneous application sought the rehearing of a Petition for Special Leave to Appeal that had previously been dismissed as withdrawn by the Supreme Court of Pakistan. The petitioner contended that the opposite party had resiled from the settlement agreement that originally prompted the withdrawal of the petition, thereby necessitating a rehearing on the merits. The Supreme Court dismissed the application as misconceived. The Court held that since the petition was dismissed upon the express prayer of the petitioner in the presence of both parties, the subsequent breach of the underlying settlement agreement by the opposite party did not constitute valid grounds to recall or set aside the consent order. The Court clarified that while the petitioner might possess other legal remedies to address the breach of the settlement, the withdrawal of the petition was a final act that could not be undone by simply seeking a recall of the consent order. The principle established is that a consent order dismissing a petition as withdrawn cannot be reopened due to a subsequent breach of the settlement agreement.