MUHAMMAD ISHAQUE AND Others vs Mst. BAKHTAWARI AND Other
This matter arises from a review petition presented against an order of the Supreme Court of Pakistan. The core legal question is whether the delay in refiling the review petition, after it was taken back following the disallowance of an exemption application regarding the drawing of the petition by the original counsel or advocate-on-record, can be condoned under the circumstances. The court held that the review petition, being barred by sixty days, lacked satisfactory reasons for the delay and was not a fit case for condoning the same. Consequently, the review petition was dismissed. The key principle laid down is that strict adherence to procedural rules regarding the presentation and refiling of review petitions is required, and unexplained or unsatisfactory delays will not be condoned by the court.
- Whether delay in filing a review petition can be condoned when the reasons provided for the delay are unsatisfactory?
- Does a review petition violate procedural rules if it is not drawn by the counsel or advocate-on-record who appeared at the hearing of the original petition for leave to appeal?
- Rule 6 of Order XXVI, Supreme Court Rules
ORDER
1. ASLAM RIAZ HUSSAIN, J.-The aforementioned Review Petition was earlier presented on 14-9-1981, in contravention of the provisions of rule 6 of Order XXVI of the Supreme Court Rules inasmuch as the same had not been drawn by the Counsel/A. O. R. Who appeared at the time of the hearing of the Petition for Leave to Appeal. Mr. Ghulam Mujtaba, A. O. R. Who filed the Review Petition made an application for exemption from the aforementioned rule. The same was, however, disallowed by the order of this Court dated 23-9-1981. Mr. Ghulam Mujtaba, A. O. R. Then took back original papers from Office on 28-9-1981 and refiled the same on 26-11-1981 alongwith an application for condonation of delay in filing it. It is barred by 60 days and the reasons given for the delay are not satisfactory. We do not consider it a fit case for condoning the delay. The Review Petition is consequently dismissed.