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1980 SCMR 870

Mst. KISHWAR SULTAN JEHAN BEGUM vs M. A. WASTI AND ANOTHER

Citation1980 SCMR 870
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No, 10-R of 1979
Date1980-02-05
Judge(s)Sheikh Anwarul Haq, Muhammad Afzal Zullah, Muhammad Haleem
ResultPetition dismissed

ORDER

1. ' MUHAMMAD HALEEM, J.-The petitioner seeks review of the order this Court dated 15th January, 1978, in Civil Petition No, 336 of 1977 by which it was dismissed.

2. ' The ground urged was that the petition was heard by a Bench comprised of the learned Chief Justice, myself and Safdar Shah, J., but the order is signed only by the learned Chief Justice and myself. In support of it he relied on the cause list No, 10 of 1979, in which this petition and the connected Civil Petition 67 of 1977, were listed for hearing before this Bench ; and while the order in Civil Petition No, 67 of 1977 was signed by the three Judges, the order in question was not so signed.

3. This commission, according to the learned counsel, is an error on the face of the order, and, therefore, the offer recited in it could not be effective from the date of the dismissal of the petition but from the date on which the error is rectified. So far as the error is concerned, we agree with him which will be rectified but we do not agree with his further contention as the offer was made in Court before the dismissal of the petition which bad taken effect as from that date.

4. ' On the cover of the original file we find that only two Judges were noted to have heard the petition which is an abvious omission resulting from the negligence of the official who recorded the note.

5. He should be called upon to explain as to why he had committed this serious lapse.

6. ' The petition is also barred by 318 days but we condoned the delay subject to all just exceptions.

7. Accordingly the petition is dismissed.

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