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2009 SCMR 354

Mst. ZOHRA BEGUM and others vs MUHAMMAD ISMAIL

Citation2009 SCMR 354
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No,178 of 2007
Date2008-02-12
Judge(s)Abdul Hameed Dogar, Ejaz Yousaf, Ijaz-ul-Hassan Khan
ResultPetition dismissed

ORDER

' ABDUL HAMEED DOGAR, C.J.--- Through this review petition, petitioners seeks review of judgment, dated 11-4-2007 of this Court whereby Civil Appeal No,487 of 2007 filed by them was dismissed.

2. It is vehemently contended by Mian Fazal-e-Mehmood, learned Senior Advocate Supreme Court appearing on behalf of petitioners that impugned judgment passed by this Court suffers from various errors on the face of it and deserves to be reviewed by this Court in exercise of review jurisdiction. He mainly contended that after grant of leave to appeal, the matter had to be disposed of on the same point on which leave was granted. According to him, this Court vide impugned judgment has reappraised the entire evidence which has totally frustrated the case of petitioner. He further contended that in the earlier round of litigation this Court in Civil Appeal No,258 of 1995 vide order, dated 25-4-1997 directed that the question of misreading or non- reading of the material evidence raised by the appellant shall be reconsidered by the learned Judge in Chambers while disposing of the revision petition in accordance with the law. Learned counsel for the petitioner contended that direction in remand order has not been complied with by learned Judge in chambers in the High Court.

3. On the other hand learned counsel appearing on behalf of respondent controverted above contentions and supported impugned judgment.

4. The pleas raised by the learned counsel for the petitioner in the review petition were also raised at the time of hearing of the main petition and have been elaborately discussed on the impugned judgment. Learned counsel appearing on behalf of petitioner instead of pointing out any error flaking on the face of impugned judgment has tried to re-argue the matter afresh. Scope of review is limited and does not permit rehearing of the matter afresh. The principle for the exercise of review of the judgment is well-settled that every judgment pronounced by this Court is presumed to be final, solemn and well-considered covering all points arising from the case. Accordingly, the review petition being devoid of merit is dismissed and impugned judgment is maintained.

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