1994 SCMR 1711

KHAN MUHAMMAD vs Sh. MUHAMMAD AKRAM

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Citation1994 SCMR 1711

CourtSupreme Court of Pakistan

Case No.C.R.P. No, 22-L of 1993 in , C.R. No, 1326-D of 1984 Civil Appeal No, 1051 of 1990

Date1993-10-31

Judge(s)Shafiur Rahman and Saad Saood Jan

Authored bySaad Saood Jan

ResultReview dismissed

Summary

This matter arises from a petition for review of a judgment of the Supreme Court of Pakistan in Civil Appeal No. 1051 of 1990, which was barred by 29 days and filed by a new advocate who did not represent the petitioner during the hearing of the appeal. The core legal question is whether a review petition can be entertained when filed by a counsel who did not appear at the hearing of the original appeal, in violation of the applicable rules, and accompanied by a time-barred application without satisfactory justification for waiving procedural requirements. The court held that the petition violates Rule 6 of Order XXVI of the Pakistan Supreme Court Rules, and since no satisfactory justification was made out to waive the requirement, the petition stands dismissed. The key principle laid down is that review petitions must strictly comply with procedural rules regarding representation, and failure to provide sufficient justification for non-compliance or delay warrants dismissal.

Questions settled in this judgment

Whether a review petition can be filed by an advocate who did not appear at the hearing of the original appeal under the Pakistan Supreme Court Rules?
Is a review petition barred by time and violating procedural rules liable to be dismissed without satisfactory justification for waiver?

Laws & provisions referred

Rule 6, Order XXVI, Pakistan Supreme Court Rules

review petitionlimitationSupreme Court Rulescounsel representationcondonation of delay

ORDER

1. SAAD SAOOD JAN, J.---This petition for review of the judgment of this Court in Civil Appeal No, 1051 of 1990 is barred by 29 days. It has been drawn up by Ch. Muzammal Khan, Advocate. He was not the counsel who appeared for the petitioner at the time of the hearing of the appeal. Today also only Ch. Muzammal Khan, Advocate, is present on behalf of the petitioner. Thus, this petition violates Rule 6, Order XXVI, Pakistan Supreme Court Rules. There is an application on behalf of the petitioner for waiving of the requirement of the said Rule. However, no satisfactory justification has been made out in support of the request. The petition is accordingly dismissed.