WAJID ALI Represented By Syed Nasir Ali Shah And Others vs Syed SAJID ALI
This petition for review was brought before the Supreme Court of Pakistan, challenging an earlier judgment. Upon examination, the Court first noted that the petition was filed with a delay of five days, for which no sufficient cause for condonation was established. Furthermore, the Court addressed a procedural defect regarding the representation of the petitioner. It observed that the review petition had not been drafted or signed by the same Advocate who had appeared at the original hearing of the case, as mandated by the procedural requirements governing the Supreme Court. The Court emphasized that strict adherence to these procedural rules is necessary for the orderly administration of justice and found no compelling grounds to relax the specific rule requiring the original counsel to draw the review petition. Consequently, the Court held that the petition was procedurally incompetent and failed to meet the necessary criteria for review. The petition was accordingly dismissed on both the grounds of delay and non-compliance with the mandatory rules of the Court regarding legal representation in review proceedings.
- Is a review petition required to be drawn by the same Advocate who appeared at the hearing of the original case?
- Can a review petition be dismissed for failure to comply with the procedural rules regarding legal representation?
- Must sufficient cause be shown for the condonation of delay in filing a review petition?
- Rule 6 Chapter XXVI, Supreme Court Rules 1980
ORDER
1. NASIM HASAN SHAH, J.--This petition is barred by 5 days. No. Sufficient cause has been made out for condonation of the delay.
2. Even otherwise the review petition has not been drawn by' the Advocate who appeared at the hearing of the case in which the impugned judgment sought to be reviewed was passed, as required by rule 6 Chapter XXVI of the Supreme Court Rules. No good ground for relaxation of this rule exists.
3. This petition is, accordingly dismissed.