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2005 SCMR 1471

COOPERATIVE MODEL TOWN SOCIETY vs Mst. ASGHARI SAFDAR and others

Citation2005 SCMR 1471
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No,34-L of 2003
Date2003-04-04
Judge(s)Faqir Muhammad Khokhar, Munir A. Sheikh
ResultPetition dismissed

ORDER

' MUNIR A. SHEIKH, J.--- Review of judgment dated 9-12-2002 of this Court is sought on the ground that while taking the view that production of certified copy of decree with the memo. Of appeal could not be dispensed with the judgment in the case of Baseer Ahmed Siddiqui v. Shama Afroz 1988 SCM R 892, which was referred at the time of hearing of the petition has not been noticed.

2. We have gone through this judgment and find that it has proceeded on its own facts, for in the reported case, the petitioner though had made application for supply of certified copy of the decree appealed against but the same was not made available to him when he preferred the appeal, the Court summoned the original record and the copy supplied to him whereas in this case, it was found as a matter of fact that the copy of the judgment and decree appealed against was available with the petitioner but he preferred the appeal without appending the same with the memo. Even otherwise, it was held in the judgment under review that it was not a fit case for exercise of discretion for giant of leave under Article 185 of the Constitution as the petitioner was guilty of gross negligence and contumacy, therefore, the judgment under review and the judgment reported in the above referred case should be construed in the context of peculiar circumstance of each case.

3. No ground is made out for review, therefore, this petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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