FAZAL HUSSAIN vs Mst. MUSHARRAF SULTANA
This matter comes before the Supreme Court of Pakistan upon a review petition filed against the Court's earlier judgment dated 7 November 1973, which had dismissed Civil Appeal No. 190 of 1969. The core legal questions involve whether the previous judgment failed to provide necessary directions to the first appellate court and whether it could be misconstrued as a final decree for possession in favour of the respondent. The Supreme Court held that the petition is liable to be dismissed for non-prosecution due to the absence of the petitioner's counsel and Advocate-on-Record. Furthermore, on merits, the Court found no substance in the review grounds, clarifying that the judgment merely upheld the High Court's remand order concerning pre-emptibility under Act XII of 1957 and the Displaced Persons (Land Settlement) Act, 1958, without deciding the pre-emption suit on its merits. The key principle laid down is that a review petition cannot be sustained on unfounded apprehensions when the original judgment does not interfere with a pending remand order or decide the merits of the underlying dispute.
- Whether a review petition can be dismissed for non-prosecution when the petitioner and counsel fail to appear after due notice?
- Does a judgment upholding a remand order on the question of pre-emptibility amount to a final adjudication on the merits of the suit?
- Can a judgment of the Supreme Court be reviewed on the apprehension that it might be misconstrued by the lower court?
- Act XII of 1957
- Displaced Persons (Land Settlement) Act, 1958
ORDER
1. ' ANWARUL HAQ, J.-This petition seeks review of the judgment of this Court dated the 7th of November 1973, whereby Civil Appeal No, 190 of 1969 was dismissed.
2. ' The learned Advocate-on-Record as well as the counsel for the petitioner are both absent, even though notice for the hearing of this petition had been sent to the learned Advocate-on-Record in accordance with the rules of the Court. The petition is, therefore, liable to be dismissed for non- prosecution.
3. ' Even on merits, we do not find any substance in this petition. The grounds urged for review are as follows :-
(a) That the judgment of this Court is silent about the directions to the first appellate Court for the disposal of the appeal lodged by the petitioner in that Court ; and
(b) That the judgment dated 7-11-1973 is likely to be misconstrued in favour of the respondent as one amounting to a total acceptance of respondent's claim resulting in an executable decree for possession of the land in suit in favour of the respondent.
4. ' In second appeal, the High Court had merely decided the question whether the sale in favour of the petitioner was pre-emptible or not in view of the provisions contained in Act XII of 1957 and certain sections of the Displaced Persons (Land Settlement) Act, 1958. Having answered the question in favour of pre-emptibility, the High Court had remanded the appeal to the learned District Judge for a decision on merits. By our judgment dated the 7th of November 1973, we had upheld the view taken by the High Court, with the result that the -first appeal lodged by the petitioner has still to be heard by the learned District Judge as remanded by the High Court. The first ground urged for review of our judgment is therefore, misconceived, as we have not in any manner interfered with the 4 remand order made by the High Court.
5. ' Similar is the case with the second ground, as we have said nothing on the merits of the pre- emption suit pending between the parties. We have only dealt with the question of the maintainability of the suit filed by the respondent. Such being the case, there is no basis for the apprehension entertained by the petitioner that the judgment of this Court dated the 7th of November 1973 is likely to be misconstrued as a decision on merits in favour of the respondent.
6. ' We would accordingly dismiss this petition, making it clear that the first appeal lodged by the petitioner has still to be decided by the learned District Judge concerned in accordance with the remand order made by the High Court.
Cited by 1 case
- GHULAM AULIA Versus FEDERATION OF PAKISTAN through Secretary 2015 PLC(CS) 1149