SAIRA BANARAS vs Dr — 2022 MLD 1399 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2022 MLD 1399 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2022
Reporter: MLD
Parties: SAIRA BANARAS vs Dr

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIRA BANARAS VS Dr. RAEES AHMED If a thing is required to be performed in any prescribed manner, that must be performed according to that manner or not otherwise. Head NotesCase Description Citation Name: 2022 MLD 1399 SUPREME-COURT-AZAD-KASHMIRBookmark this Case SAIRA BANARAS VS Dr. RAEES AHMED O.XLVI, R.3---Review---Certified copy of the judgment or order complained of---Scope---Petitioner seeks review of judgment passed by Azad Jammu and Kashmir Supreme Court---Validity---Order XLVI, R.3 of the Supreme Court Rules, 1978, provides that every application for review shall be accompanied by a certified copy of the judgment or order complained of but in the present case the certified copy annexed with the review petition had not been obtained by the petitioner or her counsel or her authorized representative rather the certified copy had been obtained by some person who was totally stranger to the proceedings of the case at all levels and before all forums---Attested copy attached with the memorandum of review petition could not be termed under the referred rule as 'a certified copy of the judgment or order complained of'---Copy should have been obtained by the petitioner herself, her counsel or authorized representative/agent but there was nowhere mentioned in the memorandum of review petition to the effect that what was the concern of the person who had obtained the copy of the impugned judgment and nexus with the proceedings of the case---Such sole ground was sufficient to declare the review petition as incompetent---Review petition stands dismissed. Head NotesCase Description

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