Pakistan Case Law
2002 SCMR 1993

FEROZE DIN and others vs Mehr SARDAR MUHAMMAD

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Citation2002 SCMR 1993
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No,Nil of 1999 in Civil Petition No,539-L of 1998
Date2002-04-16
Judge(s)Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar
ResultApplication dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

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.

Questions settled in this judgment
  • 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?
review petitionlegal representationSupreme Court procedurecounsel eligibilityprocedural rules

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

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