ABDUL WAHAB UMER through Legal Heirs vs EVACUEE TRUST PROPERTY
This matter arises from a review petition filed against the order of the Supreme Court dismissing a civil petition relating to an evacuee trust property dispute. The core legal question concerns whether the discovery of a new authentic document demonstrating that the disputed property is not an evacuee trust property warrants a review and reconsideration of the case. The Supreme Court accepted the review petition, set aside its earlier order, granted leave to appeal, and simultaneously accepted the appeal. Consequently, the High Court order was set aside, and the matter was remanded to the High Court for a fresh decision after considering the newly secured document. The key principle laid down is that the discovery of crucial authentic evidence affecting the foundational nature of the property constitutes sufficient ground to review a prior order and remand the matter for reconsideration to ensure complete justice.
- Does the discovery of a new authentic document showing that a disputed property is not an evacuee trust property warrant a review of a dismissal order?
- Can the Supreme Court grant leave to appeal and simultaneously accept the appeal upon accepting a review petition?
- Under what circumstances may a matter be remanded to the High Court for a fresh decision based on newly secured documents?
ORDER
' NASIM HASAN SHAH, C.J.---This is a petition for review of this Court's order dated 9-6-1992 whereby Civil Petition No, 931-L of 1991 was dismissed.
2. Learned counsel for the petitioners Mr. Tanvir Ahmad Khan has been heard. Malik Muhammad Azam Rasool, Advocate, learned counsel for the respondent has been heard in reply.
3. After hearing learned counsel for the parties we think that this matter does require further consideration. The submission that the petitioner has now been able to obtain an authentic document which goes to show that the property in dispute is not an Evacuee Trust Property requires to be duly considered.
4. In these circumstances we would accept this Review Petition, set aside our earlier order dated 9- 6-1992. Leave to appeal is granted.
5. In order to do complete justice in this case the appeal is accepted, the order of the Lahore High Court dated 15-7-1991 is set aside and the matter remanded to the High Court for decision after taking into account the document now secured by the petitioner, afresh.
6. This petition is accepted in the above terms. 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.