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1986 SCMR 528

NAZIR AHMAD vs Mst. JANDO And Other

Citation1986 SCMR 528
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No. 30-R of 1984 Civil Appeal No. 294 of 1976
Date1985-12-02
Judge(s)Nasim Hasan Shah, Muhammad Haleem, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

1. MUHAMMAD HALEEM, C.J.-- This petition is barred by 89 days. The learned counsel for the petitioner submits that as he was not a party in Civil Appeal No. 294 of 1976, he was not aware of the judgment and it was only when a copy of the judgment was filed before the Deputy Settlement Commissioner-in the first week of June, 1984 that he came to know of it and thereafter took steps to file this petition. In the proceedings culminating in the judgment of the High Court, which was challenged in this appeal, he was a party and though he claims to be aggrieved by the order of auction, yet he did not refile the petition in this Court which was returned to him for compliance, and thus, allowed the order to become final as against him. Accordingly, he has no locus standi to file this review petition which is barred by 89 days. The delay in this context cannot be condoned as this is an attempt to reopen the matter which has assumed finality.

2. The petition, therefore, fails and is hereby dismissed.

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