GOVERNMENT, OF PAKISTAN AND ANOTHER vs Haji FEROZUDDIN SABRI — 1970 SCMR 47

Citation: 1970 SCMR 47

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-23

Parties: GOVERNMENT, OF PAKISTAN AND ANOTHER vs Haji FEROZUDDIN SABRI Applicant

Headnotes

Case cited as 1970 SCMR 47

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Muhammad Yaqub Ali Title:GOVERNMENT, OF PAKISTAN AND ANOTHER vs Haji FEROZUDDIN SABRI Applicant Case No.: Civil Appeal No. 50 of, 1966 Date of Judgment:1967-10-23 Reported As: 1970 SCMR 47 Result: Petition dismissed Judgment ORDER HAMOODLJR RAHMAN, J.-This is an application by the respondent under Order XLIX, rule 6 of the rules of this Court for deletion and/or clarification of certain observations made in the judgment of this Court delivered on the 12th of April 1967. The three observations sought to be deleted are at pages 2 and 3 of the judgment of this Court . To the following effect .- (a) that the words "and forfeit any premium paid by the lessee" occurring in the last 2 lines of the second paragraph at page 2, (b) the words "the respondent took no steps for the construc--tion of the cinema house within the stipulated period" occurring in the first two fines of the third paragraph at page'2, and (c) the words "as time was of the essence of the contract" occurring in lines 5 and 6 at page 3. These observations are contained in the portion of the judg--ment reciting the facts of the case and were, by no means, findings recorded by this Court. Learned counsel for the said respondent, however, contends that since these are observations of the highest Court in the coun--try they might have the. Effect ,of influencing the Court below to which the appeal has been remanded for…

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