IN THE HIGH COURT OF SINDH

AT LARKANA

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

C.P D-176 of 2024               :           Abdul Majeed Talani vs.

Province of Sindh and others.

For the Petitioner                 :           Mr. Muhammad Ibrahim Lashari, Advocate.

Date of hearing                    :           22.05.2024

Date of Order                        :           22.05.2024

ORDER

Agha Faisal, J.         This petition was dismissed vide order dated 15.05.2024. Today a review application has been preferred seeking for the aforementioned order to be set aside.

            It was articulated that the learned counsel was not present on the fixed date on which the matter was listed and determined, however, no cavil was articulated to receipt of notice by the petitioner and his counsel for the said date, issued vide orders dated 08.05.2024.

            It was pleaded that since the petition was earlier admitted and stay granted, whereby a person, said to be in critical condition suffering from obstructive hypertrophic cardio myopathy, was denuded of his statutory right to apply for bail and that also on medical grounds, then how could findings of lack of maintainability be rendered in the final order. While we proffer no opinion on why the petition was entertained and / or why such interim relief was granted, however, the same does not bind the Court’s final order and since the reasons for dismissal are elaborated in the order dated 15.05.2024, hence, they need not be repeated herein.

The jurisdiction of this Court in review proceedings is limited to the ambit of Section 114 read with Order 47 CPC. The entire thrust of the arguments advanced by the counsel was directed towards merits of an already dismissed case and there was absolutely no effort to identify any mistake or error apparent on the face of the record or any other sufficient reason justifying a review of the Order.

            This Court has duly appraised the contents of the present application and the arguments advanced by the  counsel and is of the considered opinion that no grounds for review have been made out. The applicant has not demonstrated the discovery of any new and important matter which could not have been addressed earlier; has failed to identify any mistake apparent on the face of record; and finally no reason has been advanced to justify the review of the Order. It is thus the considered view of this Court that this application is devoid of merit, hence, while granting urgency the review application is hereby dismissed in limine, along with other listed application/s.

Judge

Judge