| Case ID |
31b51ea7-215f-443e-beab-233adf34f03b |
| Body |
View case body. Login to View |
| Case Number |
Misc. A. No.3840 of 1998 in C.P. No.1572 of 1991 |
| Decision Date |
Oct 20, 2004 |
| Hearing Date |
|
| Decision |
The application for review of the short order dated 12-8-1998 has been dismissed. The petitioner contended that the Division Bench did not properly appreciate a cited case during the hearing. The court noted that while this could be a valid ground for an appeal, it did not suffice for a review, especially as the reasons for dismissing the petition were distinct and no reference to the cited case was made during the hearing. The court emphasized the limited scope of review and upheld the previous decisions. |
| Summary |
In the case Misc. A. No.3840 of 1998 in C.P. No.1572 of 1991, the Sindh High Court dealt with a petition seeking a review of an earlier decision. The case revolved around the interpretation of the Civil Procedure Code, particularly focusing on the rules governing the review process. The petitioner argued that the judges failed to consider a relevant previous case, which could have influenced the outcome. However, the court clarified that such an argument, while important for an appeal, did not meet the criteria for a review. This case highlights the stringent standards for review applications under the Civil Procedure Code and reinforces the principle that a review is not a re-evaluation of the case facts but rather a limited examination of the earlier judgment's validity. The decision underscores the importance of thorough legal representation and the need for precise legal arguments in the appellate process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
S. ALI ASLAM, JAFRI
|
| Lawyers |
Muhammad Saleem Samoo,
Raja Muhammad Iqbal,
S. Ziauddin Nasir
|
| Petitioners |
anothers,
MUHAMMAD AZAM
|
| Respondents |
3 others,
COLLECTOR OF CUSTOMS (PREV.),
HEADQUARTER, KARACHI
|
| Citations |
2005 SLD 1127,
2005 CLC 158
|
| Other Citations |
M. Hameedullah Khan v. Director Customs Intelligence and others 1992 CLC 57
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLVII, R.1,
S.151
|