| Case ID |
16dca73d-bee1-466a-87de-5b02e42579cc |
| Body |
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| Case Number |
Civil Review No. 15 of 1972 |
| Decision Date |
Nov 23, 1972 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for review filed by Mst. Bhuri, emphasizing that the failure of her counsel to appear at the adjourned hearing could not be grounds for review. The court concluded that the evidence presented post-judgment was insufficient to overturn the previous decision. The ruling clarified the status of the lands abandoned in India, determining that Mst. Bhuri's limited estate remains intact until her death, at which point the heirs of her husband may claim their share. The court modified the earlier order regarding the mutation of lands, stipulating it would take effect upon her death, ensuring that her current possession would not be disturbed in the meantime. |
| Summary |
The case of Mst. Bhuri vs. Member, Board of Revenue, Punjab revolves around a review petition concerning the ownership of evacuee lands in Pakistan. Mst. Bhuri sought to contest the ruling that classified her as a limited owner due to lands she abandoned in India. The Supreme Court ruled that her counsel's failure to appear at a critical hearing, despite prior requests for time to present evidence, was negligent and could not justify a review of the case. The court maintained that her rights to the lands were contingent upon her status as a limited heir until her demise, after which her heirs could assert their claims. This case underscores the importance of legal representation and the implications of counsel's actions on clients' rights. Keywords: Supreme Court, review petition, counsel negligence, ownership, evacuee lands, legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
Salahuddin Ahmed
|
| Lawyers |
Gul Muhammad Khan, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
Abdul Karim, Advocate-on-Record
|
| Petitioners |
anothers,
Mst. PHURI
|
| Respondents |
4 others,
MEMBER, BOARD OF REVENUE, PUNJAB
|
| Citations |
1972 SLD 326 = 1972 SCMR 604
|
| Other Citations |
P L D 1969 Lah. 234
|
| Laws Involved |
Supreme Court Rules, 1956
|
| Sections |
O. XXVI
|