ABDUL AZIZ vs Malik AMAN
This review petition arises from a judgment dismissing a civil petition relating to a pre-emption matter. The core legal question is whether a subsequent larger bench judgment laying down principles regarding the necessary averments of date, place, and time for Talb-i-Muwathibat and Talb-i-Ishhad under the Punjab Pre-emption Act, 1991 can be applied retrospectively to invalidate a prior judgment. The Supreme Court dismissed the review petition, holding that the subsequent judgment delivered by a larger bench is prospective in nature and cannot be applied with retrospective effect to reopen or overturn earlier concluded matters. The key principle laid down is that prospective judgments of the superior courts do not apply retrospectively to past closed transactions or prior decisions rendered before such pronouncements.
- Whether a subsequent larger bench judgment can be applied with retrospective effect to a prior judgment?
- Are the requirements of date, place, and time for Talb-i-Muwathibat mandatory under the Punjab Pre-emption Act, 1991?
- Can a review petition be maintained on the ground of a subsequent legal development rendered after the impugned order?
- Section 13, Punjab Pre-emption Act 1991
ORDER
' ABDUL HAMEED DOGAR, J.--- Petitioner through this review petition seeks review of judgment, dated 6-9-2006 passed by this Court whereby Civil Petition No,609 of 2006 filed by him was dismissed.
2. Learned counsel for the petitioner mainly agitated the ground already dealt with in the impugned order. Irrespective of above, learned counsel relied upon the judgment reported as Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs, and others PLD 2007 SC 302 whereby according to him this Court in the cases of pre-emption has approved the dictum laid down in the cases of Haji Muhammad Saleem v. Khuda Bukhsh PLD 2003 SC 315 and Fazal Subhan and 11 others v. Mst. Sahib Jamila and others PLD 2005 SC 977 wherein date, place and time in the plaint are considered necessary to establish the performance of Talb-i-Muwathibat and also the date of issuance of notice of Talb-iIshhad in terms of section 13 of the Punjab Pre-emption Act, 1991.
3. We are not persuaded to agree with the learned counsel as the impugned judgment was passed on 6-9-2006 whereas the judgment referred (supra) by a larger Bench was delivered on 12-12- 2006 which being prospective in nature cannot be applied with retrospective effect. Accordingly, the review petition being devoid of any merit stands dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.