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2008 SCMR 1189

MEMBER, BOARD OF REVENUE, LAHORE vs KHUDA BAKHSH and others

Citation2008 SCMR 1189
CourtSupreme Court of Pakistan
Case No.Civil Review Petitions Nos.3-L to 20-L of 2001 in Civil Petitions Nos.2972-L to
Date2005-01-24
Judge(s)Iftikhar Muhammad Chaudhry, Faqir Muhammad Khokhar, Tasaddaq
ResultJudgment recalled

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--Listed petitions have been filed for review of the judgment dated 21st December, 2000 passed by this Court in Civil Petitions Nos.2972-L to 2989-L of 2000.

2. We have heard learned counsel for the parties and have also gone through the order under review dated 21st December, 2000 a well-material so made available on record. As the petitioner has been non-suited primarily on laches but without taking into consideration the facts of the case, whereas examination of same is necessary. Particularly keeping in view the fact that learned High Court dismissed the Writ Petitions Nos.100/R to 117/R of 1999 without 'passing a detailed order and prima facie, we are of the opinion that had learned High Court proceeded to examine the merits of the case then probably fate of the petition would have been different. Be that as it may without prejudice to the case of either parties we consider that it is a fit case for exercising jurisdiction under Article 188 of the Constitution of Islamic Republic of Pakistan in view of certain errors in the judgment.

Thus, for the foregoing reasons judgment, dated 21st December, 2000 is recalled and C.Ps.S.L.A.

Nos.2972-L to 2989-L of 2000 should be deemed to be pending, office to fix these cases during next session.

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