Sheikh ASGHAR ALI vs DISTRICT JUDGE, SAHIWAL and 2 others
This is a review petition filed against the order of the Supreme Court of Pakistan dated 18-12-1988, which had dismissed a petition for leave to appeal filed by the petitioner. The core legal question before the court was whether the previous dismissal order warranted a review in light of earlier precedent cases cited by the petitioner's counsel. The Supreme Court accepted the arguments, recalled the earlier order dated 18-12-1988, and granted leave to appeal to examine the matter in detail based on the cited case law. The court further ordered that the petitioner's possession shall not be disturbed until the final hearing of the appeal.
- Whether a review petition can be accepted and leave to appeal granted in light of previously settled case law?
- Can the Supreme Court recall its earlier order dismissing a petition for leave to appeal upon reconsideration?
1. ' GHULAM MUJADDID, J.--This is a review petition against the order of this Court dated 18-12-1988 whereby the petition for leave to appeal filed by Sheikh Asghar Ali was dismissed.
2. ' We have heard learned counsel for the petitioner as well as for respondent No, 3.
3. Learned counsel for the petitioner relies can two decided cases of this Court; Ch. Muhammad Siddique v. Muhammad Rashid 1982 SCMR 636 and Muhammad Akram v. Muhammad Zar and others 1987 SCMR 1788 and submits that the case of the petitioner needs detailed examination in the light of law laid down in the aforesaid cases.
4. ' We accordingly recall the order dated 18-12-1988 and grant leave to appeal.
5. ' Security Rs,5,000.
6. ' Appeal to be made ready on the present record. It shall be set down for hearing at a very early date.
7. ' Till then the possession of the petitioner shall not be disturbed.