| Case ID |
37623ff9-1fec-49bf-921e-ae5eeaab4f58 |
| Body |
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| Case Number |
Civil Appeal No.751-K of 1993 |
| Decision Date |
Mar 31, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the decision of the High Court. It held that the provisions of Order XLVII, Rule 5 of the Civil Procedure Code were applicable, indicating that the judges who passed the decree must be available to hear the review application. The Court clarified that if none of the judges who decided the constitutional petition were available for a period of six months, another bench could hear the review petition. The Court emphasized the importance of adhering to the procedural rules outlined in the Civil Procedure Code and the High Court Rules, ensuring that justice was served without any unjust exercise of power. The decision reiterated the substantive right of parties to seek a review of judicial decisions, while also maintaining the integrity of the judicial process. |
| Summary |
This case revolves around the review application filed in a constitutional petition concerning eviction orders against certain tenants. The Supreme Court of Pakistan was tasked with determining the applicability of specific procedural rules regarding reviews under the Civil Procedure Code and the High Court Rules. The case highlights the legal principles surrounding the review of judicial decisions, emphasizing the necessity for judges who originally decided a case to be available to hear any subsequent review applications. The ruling reinforced the procedural safeguards in place to ensure fairness and justice within the legal framework. The Court's decision serves as a significant precedent in constitutional law, particularly concerning the interpretation of the Civil Procedure Code and the operational procedures of the High Court. Keywords such as 'Supreme Court', 'Constitutional petition', 'Civil Procedure Code', 'review application', and 'judicial review' are essential for understanding the legal implications and the context of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Z.U. Ahmed, Advocate Supreme Court,
A. Aziz Dastgir, Advocate-on-Record for Appellants,
Khalilur Rehman, Advocate-on-Record for Respondents No. 1 to 4
|
| Petitioners |
ANOTHER,
SHABBIR AHMED
|
| Respondents |
AND OTHERS,
AKHTAR ALAM
|
| Citations |
1994 SLD 418,
1994 PLD 598
|
| Other Citations |
Government of Punjab v. Salamat Ali Khan PLD 1991 SC 691,
Chhajju Ram v. Neki and others AIR 1922 PC 112
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
High Court (Lahore) Rules & Orders
|
| Sections |
XLVII, R.5,
Art. 199,
Vol. V, Chap. 3-B, R.5
|