SARDAR KHAN And Others vs SAID And Other
This civil review petition arises from a prayer to review an order of the Supreme Court dismissing a Civil Petition for Special Leave to Appeal. The core legal question concerns whether an order dismissing a petition was passed due to a clerical or accidental mistake, incorrectly reflecting facts of another case when leave was actually granted and security deposited. The court held that there was force in the submissions that the impugned order was mistakenly attached to the file due to an error. The review petition was accordingly allowed, the dismissal order set aside, and the main petition directed to be fixed for hearing along with tracing the original order granting leave.
- Whether a civil petition dismissed due to an accidental mistake or wrong attachment of an order can be reviewed?
- Can a court set aside an erroneous order passed on a petition and restore the matter for hearing?
ORDER
ASLAM RIAZ HUSSAIN, J.--The petitioners seek review of the order of this Court, dated 24-3-1981, dismissing their Civil Petition for Special Leave to Appeal No. 962 of 1976.
2. Learned counsel for the petitioners pointed out that when the aforementioned petition was heard on 24-3-1981. It was, in fact accepted and leave was granted. He pointed out from the notes recorded on the cover of the brief that he had even deposited the security. He also pointed out that the facts mentioned in the impugned order had no relevance to the facts of the case in Civil Petition for Special Leave to Appeal No. 962 of 1976. He urged that -due to some mistake this order, which was probably recorded in some other case, was attached with the file of Civil Petition for Special Leave to Appeal No. 962 of 1976.
3. We have carefully considered the matter and feel that there is force in the aforementioned submissions. We, therefore, allow the review and direct that the main petition (Civil Petition for Special Leave to Appeal No. 962 of 1976) be fixed for hearing on a date to be fixed by the office.
Office is directed to trace the earlier order granting leave in this case.