ABDUL QADIR vs JAHANGIR KHAN Ss — 2022 SCMR 321 SUPREME-COURT

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ABDUL QADIR VS JAHANGIR KHAN Ss. 114, 115 & O. XLVII, R. 1---Supreme Court Rules, 1980, O. XIII, R. 1---Petition for leave to appeal before the Supreme Court under Art. 185(3) of the Constitution---Limitation---Review jurisdiction of the High Court---Scope---Civil revision petitions dismissed by the High Court---Review petition against dismissal of revision petitions also dismissed by the High Court as being not competent---Question as to whether after dismissal of review petition the party was allowed to assail validity of both the orders i.e. order of dismissal of review as well as dismissal of revision petitions when against the order of dismissal of revision petitions the limitation for filing a petition for leave to appeal before the Supreme Court under Art. 185(3) of the Constitution had expired---Held, that petitioner failed to show the Court any point pleaded in his review petition before the High Court whereby any reason for invoking the jurisdiction of the High Court for exercise of review jurisdiction was permissible---Petitioner was also unable to satisfy the Court as to why he did not choose to challenge the dismissal of revision petitions directly before the Supreme Court and instead preferred a review petition before the High Court---All the points raised in review petition before the High Court seemed to be an attempt to seek rehearing of whole of the matter---When review petition had simply been dismissed without altering judgment given in revisional jurisdiction no question arose of merger of judgment of revisional court into the review judgment---Petitioners could not file a petition for leave to appeal in the Supreme Court when his review petition had been dismissed without any modification to the original judgment passed in the revision petition except to the extent of legality of exercise of review jurisdiction---Furthermore all present petitions for leave to appeal before the Supreme Court were barred by limitation when time of limitation was considered from the dates when the certified copies of judgments of High Court in its revisional jurisdiction were prepared and issued---Since the revision petition was dismissed by the High Court against which no petition for leave to appeal was filed before the Supreme Court within period of limitation as such the same had attained finality---High Court had rightly dismissed the revision petition---Petition for leave to appeal was dismissed and leave was refused.

ABDUL QADIR vs JAHANGIR KHAN Ss — 2022 SCMR 321 SUPREME-COURT

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