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1971 SCMR 171

Sh. ANWAR UL HAQ vs Miss SURRAYA PARVEEN AND 2 Other

Petitioner: Sh. ANWAR UL HAQ VS Respondent: Miss SURRAYA PARVEEN AND 2 Other

Court: Supreme Court of Pakistan Decision Date: 1970-10-29

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad

Ahmad Jan Title: Sh. ANWAR UL HAQ vs Miss SURRAYA PARVEEN AND 2 Other Case No.: Civil Appeal No. 121 of 1965 In re : Review Petition No. 21 of 1970 Date of Judgment:1970-10-29 Reported As: 1971 SCMR 171 Result: N/A Judgment ORDER WAHIDUDDIN AHMAD, J.-In this matter the question for consideration is whether Mr. Saeed Akhtar who assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal can file the review petition under Order XXVI, rule 5 which reads as under:- "5. Except with the special leave of the Court, no applica--tion for review shall be drawn by any Advocate other than the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. Such Advocate shall, unless his presence has been dispensed with by the Court, be present at the hearing of the application for review." The learned Advocate-on-Record has contended that the singular includes plural and, therefore, any Advocate who appeared on behalf of a party at the hearing of the case can draw the review petition and such review petition will be maintainable. The contention is not without force. In our opinion any Advocate who appeared at the hearing can draw the review petitions and file it in Court. Admittedly, Mr. Saeed Akhtar assisted Mr. Mahmood Ali Qasuri and was present at the hearing of the appeal. His appearance, therefore, is sufficient to fulfil the require--ments of the above-mentioned rule. We would, therefore, direct the office to register the review petition and to fix it for hearing according to the rules.

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