1. ' ABDUL QADEER CHAUDHRY, J.--This matter has been placed before us in view of the order of the learned Chief Justice, dated 9-3-1986, as Mr. Justice Ahmad Ali U.Qureshi is not available at Hyderabad.
2. ' This Review application is directed against the order of Mr. Justice Ahmad Ali U.Qureshi, dated 18- 9-1985 by which tie dismissed the First Rent Appeal filed against the order of eviction passed by the Rent Controller whereby the defence of the appellant was struck off.
3. ' Learned counsel for the respondent has taken a preliminary objection that the review is not competent and he has relied upon the case of Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94 wherein it is has been observed that right of review is a substantive right and isAalways a creation of the relevant statute on the subject. The assumption that a review in appeal is a continuation of the appeal, is not correct, with the result that the further corollary drawn therefrom in favour o existence of a right of review on that score will also consequently fall. It has been furhter observed while considering West Pakistan Urban Rent Restriction Ordinance that as the Ordinance neither expressly no by reference bestows any powers of review, the High Court has no jurisdiction to review its orders passed in Second Appeal under the West Pakistan Urban Rent Restriction Ordinance.
4. ' Respectfully following the above authority we hold that the Review Petition is not maintainable and the same is dismissed.
5. ' It is, therefore, not necessary to consider the contentions raised by the learned counsel for the appellant that no power of Attorney was filed by the applicant and the appeal could not be dismissed in limine.