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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD HANIF and anothers VS Respondent: SULTAN
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Saleem Akhter, Shafi-ur-Rehman Title: MUHAMMAD HANIF and anothers vs SULTAN Case No.: Civil Review Petition No, 145-L of 1992 Civil Appeal No, 1060/1990 Date of Judgment:1993-10-12 Reported As: 1994 SCMR 279 Result: Petition dismissed
Judgment ORDER ' SHAFIUR RAHMAN, J. ---Review of our judgment dated 26-11-1992 is sought on the grounds that the respondent having not agitated in the High Court any of the factual grounds the Supreme Court could not have examined it at all and that there was plausible explanation for the inconsistencies taken note of and appearing in the evidence and they could not be made the basis for dismissing the claim of the petitioners. 2. It is not denied that the ground not argued in the High Court was in fact taken in the Memorandum of appeal. There was no express mention that it was given up. What is recorded in the High Court judgment is that no other argument was advanced. The Court at the apex which has a constitutional duty to do complete justice cannot be inhibited by any such restraint as is suggested by the learned counsel for the petitioners. It has an abiding duty to attend to all the aspects and to take an overall view of the case in dispensing justice. 3. As regards the appraisal of evidence and the inconsistencies appearing therein, the Court has fully taken note of them and the learned counsel has no answer to what is made the basis of the judgment in appraising the evidence in paras 3 and 4. 4. No case for review is made out and the Review Petition is dismissed. Review .
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