ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

HCA NO. 17/1993

Date Order with signature of Judge

For orders on CMA No. 269/2010

01.3.2010

Mr. Nazar Hussain Dhoon Advocate for the appellant

>>>>>> <<<<<<<

This is an application under section 151 CPC. The prayer made in this application is that the judgment dated 27.4.2009 be recalled. The application has been filed on 29.1.2010. Learned Counsel stated that the learned Division Bench who has passed the judgment did not follow the procedure inasmuch as while the appeal was fixed for regular hearing it could not have been dismissed in limine and secondly the Court has misinterpreted the law inasmuch as it did not examine the real implication of Martial Law Order No.10. The learned Counsel stated that the Court has vast jurisdiction to entertain the application under section 151 CPC for recalling of the judgment and alternatively stated that it may be treated as application for review and the delay be condoned.

We have considered the submissions made by the learned Counsel. So far the first submission of the learned Counsel for the appellant is concerned, merely by use of the word limine at the end of the judgment will not change the complexion of the judgment itself as it is admitted that it was given after due hearing of the appellant's Counsel. Secondly, we cannot go into the merit of the case as the same is decided by the judgment against which the appellant had legal remedy of either filing of review application in time or by approaching the apex Court. As regards the question that the application be treated as a review application, incidentally before we proceed to consider such question, there is a question of limitation in respect of which neither the appellant has filed any application nor any explanation has been given as to why the application was not made in time. The appellant being a big authority having all the legal assistance, it cannot be expected that it was not aware of remedy and limitation for it. We find the application to be wholly misconceived and dismiss the same.

J U D G E

Aamir/PS