' ZAFFAR HUSSAIN MIRZA, J.--This petition seeks review of this Court's judgment, dated 27-10-1984 whereby the appeal was allowed and the case was remanded to the officer notified by the Provincial Government under section 2(2) of Act XIV of 1975, for disposal of the application for transfer filed by the appellant in accordance with law.
2. We have heard the learned counsel at some length. His main contention in support of the petition is that L.P.A. No,62 of 1975 filed by the appellant before the Division Bench of the High Court was not competent under section 3(2) of the Law Reforms Ordinance 1972 and, therefore, the adjudication made in the writ petition by the learned Single Judge on merits stood intact with the result that the second writ petition filed by the appellant was barred on the principle of res judicata.
3. We find no substance in the contention advanced by the learned counsel as in our opinion it does not furnish the basis for interference with the judgment in review jurisdiction. It may be pointed out that the petitioner failed to appear and defend the appeal at the hearing when the main appeal was disposed of. Having lost that opportunity, when perhaps he could have been permitted to raise the contention now advanced, he cannot be allowed to re-agitate and seek to advance arguments in this review petition, which ought to have been advanced at the hearing of the main appeal. Additionally, the petitioner, who was a party to L.P.A. No,62 of 1975, did not raise this objection at the time of decision of the said L.P.A. He cannot, therefore, now be heard to challenge the competence of the said appeal.
' There is no ground made out for review the judgment impugned in this review petition which is accordingly dismissed.