FEROZE DIN and others vs Mehr SARDAR MUHAMMAD
This matter concerns a review petition filed before the Supreme Court of Pakistan. The core legal question addressed is whether a counsel who did not appear in the original proceedings can be permitted to argue a review petition arising from the judgment rendered in those proceedings. The Court held that, pursuant to the applicable rules, the right to argue a review petition is restricted to the same learned counsel who appeared and argued the main case in which the judgment under review was delivered. Consequently, the Court dismissed the application seeking to allow a different counsel to argue the review petition, thereby affirming the procedural requirement for continuity of representation in review proceedings before the Supreme Court.
- Can a counsel who did not appear in the main case argue the review petition arising from the judgment in that case?
- Is it a procedural requirement that the same counsel who argued the main case must argue the review petition?
ORDER
No ground has been made out to allow Mr. Naveed Saeed Khan, learned counsel for the applicant to argue the review petition. According to the rules, the same learned counsel who had appeared in the main case in which judgment was rendered under review should appear and argue the same.
2. This application is, therefore, dismissed.
Cited by 3 cases
- ABDUL WAHEED vs The STATE 2015 P Cr. L J 1718
- SINDH HIGH COURT BAR ASSOCIATION through its Secretary Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad 2009 PLD 879
- SINDH-HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY NADEEM AHMED, ADVOCATE vs FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE, ISLAMABAD AND OTHERS 2010 NLR Civil 30