Mst. KHURSHID BEGUM and 6 others vs GHULAM MUHAMMAD
The petitioners sought leave to appeal against the order of the Lahore High Court dismissing their review application, which had sought to review an earlier order passed in civil revision. The core legal question was whether the petitioners could bypass challenging the main revision order directly before the Supreme Court and instead challenge the dismissal of the review application, especially when the revision order had attained finality. The Supreme Court held that the petition was devoid of force because the original order passed in the revision attained finality upon not being challenged directly before this Court, and further, there was no legal justification for seeking a review of that order. The key principle laid down is that an aggrieved party cannot challenge an order passed in review while letting the main order attain finality without a direct challenge before the apex court, in the absence of valid legal justification.
- Can a party challenge an order passed in a review application before the Supreme Court while failing to directly challenge the main revision order that has attained finality?
- Is there a legal justification to maintain a review petition against an order passed in a civil revision when the primary order remains unchallenged?
' ABDUL HAMEED DOGAR, J.---The petitioners seek leave to appeal against the order dated 20-2- 2002 of the learned Lahore High Court, Lahore passed in Review Application No,10 of 2002 whereby the same was dismissed.
2. The backgrounds of the filing of the instant petition are that the respondent Ghulam Muhammad filed a suit for declaration and possession in respect of the disputed land. The said suit was decreed on21-12-1989. The petitioners' predecessor assailed the same in appeal which was allowed by the learned Additional District Judge, Nankana Sahib on 23-2-1993 against which a civil revision was filed by the respondent Ghulam Muhammad. The same was allowed on 15-11-2001. It was this order which was called in question in the above mentioned review petition before the Lahore High Court.
3. At the very outset, Ch. Bashir Ahmad, learned Advocate Supreme Court, could not satisfy as to why the order dated 15-11-2001 passed in revision was not challenged before this Court directly and instead the order passed in the review application was challenged. Since the revision petition was allowed by the learned Lahore High Court on 15-11-2001 against which no petition for leave to appeal was filed before this Court as such the same attained the finality, Moreover, there was also no legal justification left with the petitioner to seek review of the above mentioned order passed in the main revision.
4. Accordingly, the petition being devoid of force is dismissed and leave refused.