MEMBER, BOARD OF REVENUE, LAHORE vs KHUDA BAKHSH and others
This matter arises from review petitions filed against the judgment dated 21st December, 2000 passed by the Supreme Court in Civil Petitions Nos.2972-L to 2989-L of 2000. The core legal question concerns whether the petitioner was rightly non-suited on the ground of laches without a proper examination of the facts and the merits of the case, particularly where the High Court had dismissed the underlying writ petitions without a detailed order. The Supreme Court held that the petitioner was non-suited primarily on laches without considering the factual matrix and that examining the merits was necessary, as a proper examination by the High Court might have yielded a different result. Consequently, the Court exercised its review jurisdiction, recalled the previous judgment, and ordered that the civil petitions for leave to appeal be deemed pending for fresh consideration. The key principle laid down is that review jurisdiction may be exercised under Article 188 of the Constitution to rectify errors where a party has been non-suited on laches without a substantive examination of the merits and the underlying facts.
- Can the Supreme Court exercise review jurisdiction under Article 188 of the Constitution when a party has been non-suited primarily on laches without examining the merits?
- Whether a judgment passed without considering the material facts and merits of the case is liable to be recalled in review?
- Article 188, Constitution of Islamic Republic of Pakistan
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--Listed petitions have been filed for review of the judgment dated 21st December, 2000 passed by this Court in Civil Petitions Nos.2972-L to 2989-L of 2000.
2. We have heard learned counsel for the parties and have also gone through the order under review dated 21st December, 2000 a well-material so made available on record. As the petitioner has been non-suited primarily on laches but without taking into consideration the facts of the case, whereas examination of same is necessary. Particularly keeping in view the fact that learned High Court dismissed the Writ Petitions Nos.100/R to 117/R of 1999 without 'passing a detailed order and prima facie, we are of the opinion that had learned High Court proceeded to examine the merits of the case then probably fate of the petition would have been different. Be that as it may without prejudice to the case of either parties we consider that it is a fit case for exercising jurisdiction under Article 188 of the Constitution of Islamic Republic of Pakistan in view of certain errors in the judgment.
Thus, for the foregoing reasons judgment, dated 21st December, 2000 is recalled and C.Ps.S.L.A.
Nos.2972-L to 2989-L of 2000 should be deemed to be pending, office to fix these cases during next session.