| Case ID |
d3de48a7-f9c0-443b-83b2-6bf26f0440fd |
| Body |
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| Case Number |
Civil Review Petition No. 34-R of 1984 |
| Decision Date |
Mar 05, 1986 |
| Hearing Date |
Mar 05, 1986 |
| Decision |
The Supreme Court dismissed the petition for review of its previous judgment dated June 17, 1984, in Civil Appeal No. 223 of 1977. The Court held that inaccuracies pointed out regarding the narrative of facts were not material to the decision of the appeal and therefore did not constitute grounds for review. Furthermore, new pleas raised by the petitioner were not considered as they were not presented during the main appeal. The ruling clarified that issues concerning the mortgagee's rights were not addressed in the prior judgment, leading to the dismissal of the review petition. |
| Summary |
In the case of Civil Review Petition No. 34-R of 1984, the Supreme Court of Pakistan addressed a review petition filed by HUSSAIN against the earlier judgment regarding a property dispute. The key issue revolved around the accuracy of factual narration concerning the redemption of a mortgage. The Court concluded that the inaccuracies pointed out by the petitioner were not significant enough to alter the outcome of the original decision, thus not justifying a review. Additionally, new arguments introduced by the petitioner were dismissed as they had not been raised in the original appeal. This case highlights the principles governing review petitions in the context of property law and the importance of raising all pertinent issues during the initial appeal process. The decision emphasizes that grounds for review must not only be relevant but also material to the determination of the case. The ruling serves as a precedent for similar future cases where factual discrepancies are challenged without sufficient material impact on the original judgment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA, J.
|
| Lawyers |
Ch. Khalilur Rehman, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Petitioner,
Ch. M. Aslam Chatta, Advocate-on-Record for Respondent
|
| Petitioners |
HUSSAIN
|
| Respondents |
ALLAH BAKHSH
|
| Citations |
1986 SLD 749,
1986 SCMR 1155
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980
|
| Sections |
Art. 188,
O.XXVI, r. 1
|