Pakistan Case Law
1994 SCMR 2027

NOOR MUHAMMAD and anothers vs MUHAMMAD ABDULLAH and another

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Citation1994 SCMR 2027
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No, 47 of 1993 Civil Appeal No, 1057 of 1990
Date1993-11-22
Judge(s)Nasim Hasan Shah, CJ., Fazal Ilahi Khan and Manzoor Hussain Sial
Authored byNasim Hasan Shah
ResultReview dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition seeking review of a judgment previously rendered by the Supreme Court of Pakistan in Civil Appeal No. 1057 of 1990, dated 30-1-1993. The petitioner sought an adjournment of the review proceedings citing the counsel's medical inability to travel from Lahore to Islamabad due to backache. The Supreme Court, exercising its jurisdiction to review its own judgments, proceeded to examine the merits of the review petition despite the request for adjournment. Upon careful consideration of the grounds presented in the review petition and a re-examination of the original judgment sought to be reviewed, the Court determined that the petitioner failed to establish any valid or sufficient grounds to warrant a review of the well-considered judgment previously delivered. Consequently, the Court found no justification to interfere with the earlier decision. The petition for review was accordingly dismissed. The judgment reinforces the principle that a review petition cannot be entertained in the absence of substantial and proper grounds demonstrating an error apparent on the face of the record or other sufficient cause justifying a reconsideration of the final order.

Questions settled in this judgment
  • Does a medical condition of counsel constitute sufficient ground for reviewing a final judgment of the Supreme Court?
  • What is the standard for entertaining a review petition against a final judgment of the Supreme Court?
  • Can a review petition be dismissed on merits despite a request for adjournment?
review petitionadjournmentSupreme Court jurisdictioncivil appealdismissal of petition

ORDER

' NASIM HASAN SHAH, CI-This is a petition seeking review of the judgment of this Court passed in Civil Appeal No, 1057 of 1990 on 30-1-1993.

2. A request has been received for adjournment of the case on the ground that on account of counsel's backache he cannot undertake the air-journey from Lahore to Islamabad.

3. We, however, have carefully gone through his grounds of review and also perused the judgment of this Court sought to be reviewed. We find that no proper ground has been made out for reviewing the well-considered judgment of the Court, disposing of Civil Appeal No, 1057 of 1990 by its order dated 30-1-1993.

4. Dismissed.

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