Ch. Muhammad Ibrahim Zia, J.-- This review petition has been filed on 06.04.2016 for review of judgment of this Court announced on 08.03.2016 handed down in Civil Appeal No. 03/2015.
2. On presentation of the review petition the office reported that the requisite security fee of Rs.1,000/- has not been deposited. The Registrar on 06.04.2016 in presence of counsel for the petitioner, Sardar Muhammad Riaz Khan, Advocate, recorded the order that the required Court fee on the documents is deficit to Rs.7/- and the amount of security of Rs.1,000/- has not been deposited. Subsequently, a notice was issued by the Court to the counsel for the petitioner on 19.05.2016 to explain that why the petition may not be dismissed for non- compliance of statutory requirement of depositing the security fee.
3. Today, the learned counsel for the petitioner submitted that although at the time of filing the review petition the security fee was not deposited, however, the same was deposited on 11.04.2016, thus, the statutory requirement has been fulfilled. He further argued that it is mere formality and the petition cannot be dismissed on this ground.
4. We have considered the arguments advanced on behalf of the petitioner and also scrutinized the record. The review petition has been filed on 06.04.2016 against the judgment announced on 08.03.2016. One day time is consumed in obtaining the requisite certified copies. The limitation prescribed for filing review is 30 days, thus, after deduction of time spent in obtaining the requisite copies the last date of filing the review petition is 8th April, 2016. The petitioner till 8th April, 2016 failed to deposit the security fee, thus, if he has deposited the same after expiry of limitation that is fruitless.
5. According to the statutory provisions of Order XLVI, Rule 2 of Azad Jammu and Kashmir Supreme Court Rules, 1978 the limitation prescribed for filing review is 30 days and in Rule 7 it is expressly mentioned that no application for a review in civil proceedings shall be entertained unless the party seeking review furnishes cash security amounting to Rs.1,000/- for the costs of the opposite party. Thus, according to the mandatory provisions of Rule 7, the application for review can only be entertained when the party furnishes the cash security amounting to Rs.1,000/-. As till last date of limitation the petitioner failed to comply with the mandatory statutory requirement, thus, according to the provisions of Rule 7 read with Rule 2 of Order XLVI of AJ&K Supreme Court Rules, 1978 this review petition cannot be entertained.
In view of the clear statutory provisions the review petition filed by the petitioners is not maintainable, hence, the same stands dismissed.