Sh. ANWAR UL HAQ vs Miss SURRAYA PARVEEN AND 2 Other
This matter arises from a review petition filed in the Supreme Court of Pakistan, addressing the procedural requirement under Order XXVI Rule 5 of the Supreme Court Rules regarding who may draw and file a review petition. The core legal question considered was whether an advocate who assisted the lead counsel and was present at the hearing of the original appeal satisfies the requirement of being the advocate who appeared at the hearing, thereby being competent to draw the review petition. The Court held that any advocate who appeared at the hearing on behalf of a party, including an assisting counsel present during the proceedings, is competent to draw and file the review petition. The key principle laid down is that the appearance of an assisting advocate at the original hearing suffices to meet the mandatory representation requirement for filing a review petition under the applicable procedural rules.
- Can an advocate who assisted lead counsel and was present at the hearing file a review petition under Order XXVI Rule 5?
- Does the appearance of any advocate who represented a party at the original hearing suffice to fulfil the requirements for drawing a review petition?
- Order XXVI Rule 5, Supreme Court Rules
ORDER
1. WAHIDUDDIN AHMAD, J.-In this matter the question for consideration is whether Mr. Saeed Akhtar who assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal can file the review petition under Order XXVI, rule 5 which reads as under:- "5. Except with the special leave of the Court, no applica--tion for review shall be drawn by any Advocate other than the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. Such Advocate shall, unless his presence has been dispensed with by the Court, be present at the hearing of the application for review."
2. The learned Advocate-on-Record has contended that the singular includes plural and, therefore, any Advocate who appeared on behalf of a party at the hearing of the case can draw the review petition and such review petition will be maintainable. The contention is not without force. In our opinion any Advocate who appeared at the hearing can draw the review petitions and file it in Court. Admittedly, Mr. Saeed Akhtar assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal. His appearance, therefore, is sufficient to fulfil the require--ments of the above-mentioned rule. We would, therefore, direct the office to register the review petition and to fix it for hearing according to the rules. 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.
Cited by 2 cases
- MUKHTAR AHMAD Versus THE STATE 2003 PLD 126
- MUSHTAQ AHMAD Alias MUSHTAQ HUSSAIN AND 8 Others vs Mst. HAKIM BIBI 1971 SCMR 235