Pakistan Case Law
1994 SCMR 1663

Sheikh SARFRAZ AHMAD vs SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISIONS and others

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Citation1994 SCMR 1663
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No, 123/L of 1993 Civil Petition for Leave to Appeal
Date1993-11-23
Judge(s)Shafiur Rahman and Saleem Akhtar
Authored byShafiur Rahman
ResultReview dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition seeking review of the Supreme Court's earlier judgment dated 23-6-1993. The core legal question is whether apprehension that a judgment might impede demarcation of property transferred by settlement authorities constitutes a valid ground for review. The court held that such apprehension is not a valid ground for review, noting additionally that the impugned judgment dealt with a limited controversy concerning restitution. The key principle laid down is that potential procedural impediments in separate execution or demarcation proceedings do not warrant the review of a final judgment that addressed a distinct and limited controversy.

Questions settled in this judgment
  • Does the apprehension that a judgment might impede the demarcation of transferred property constitute a valid ground for review?
  • Can a final judgment addressing the limited controversy of restitution be reviewed on grounds unrelated to the core holding?
review petitionsettlement authoritiesproperty transferrestitutionsupreme court judgment

ORDER

1. SHAFIUR RAHMAN, J.---Review of our judgment dated 23-6-1993 is sought for the sole reason that it may not prove to be an impediment in A seeking demarcation of the property transferred by Settlement Authorities. This cannot be a valid ground for review. Besides, the impugned judgment has dealt with a limited controversy viz., of restitution.

2. No ground for review is made out. Dismissed. .

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