| Case ID |
dfeb831d-c9e8-4541-8abf-3e5474bb12f9 |
| Body |
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| Case Number |
Constitutional Petition No. S-554 of 2011 |
| Decision Date |
Apr 02, 2014 |
| Hearing Date |
Mar 10, 2014 |
| Decision |
The Sindh High Court dismissed the review petition filed by the petitioners on the grounds of limitation as the review application was filed after a delay of 300 days, whereas the period for filing a review was only 90 days as per Article 173 of the Limitation Act, 1908. The court emphasized that each day's delay must be explained for the review petition to be maintainable. Furthermore, the court held that the mere negligence of counsel cannot be a valid ground for condoning the delay in filing the review. The review proceedings do not allow for the re-hearing of the decided case, and the grounds for review must be substantial and not merely based on the discovery of new material or the erroneous view taken by the court earlier. The court found no merit in the arguments presented by the petitioners' counsel and upheld the previous orders. |
| Summary |
The case revolves around the dismissal of a review petition concerning the ejectment of a tenant from a rented premises. The Sindh High Court ruled that the review application was barred by time due to the significant delay in filing it. The court reiterated that review proceedings cannot serve as a re-hearing of the case and that a review can only be granted on substantial grounds, rather than on the basis of previously determined issues. This decision underscores the importance of adhering to procedural timelines and the limitations set forth by the law. The court's ruling is significant for landlords and tenants in rental disputes, emphasizing the necessity of timely action in legal proceedings. Keywords such as 'review petition', 'landlord', 'tenant rights', 'ejectment order', and 'legal procedure' are relevant in understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASOOL MEMON,
MUHAMMAD SALEEM QURESHI
|
| Lawyers |
Muhammad Aslam Chaudhry,
Syed Noor Ali Shah,
Altaf Hussain
|
| Petitioners |
ABDUL RASOOL MEMON,
MUHAMMAD SALEEM QURESHI
|
| Respondents |
Respondent No.3,
V ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI
|
| Citations |
2014 SLD 621,
2014 MLD 1350
|
| Other Citations |
PLD 1990 Kar. 1,
2005 CLC 884,
PLD 1976 Kar. 811,
1989 SCMR 479,
PLD 1981 SC 200,
PLD 1973 Kar. 503,
2002 SCMR 1336,
PLD 1997 SC 865
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Sindh Rented Premises Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
144,
173,
15,
199
|