LAWS(J&K)-1984-10-9

BASHIR AHMAD DAR AND CO Vs. STATE

Decided On October 19, 1984
Bashir Ahmad Dar And Co Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS review petition has not been entertained by us. We had asked on 12 -10 1984 Mr. Bashir to convince us about the maintainability of the review petition. No notice was issued to the other side on the day when it was placed before us. Today our attention has been invited by Mr. Shah to Rule 51 of the Jammu and Kashmir High Court Rules, 1975 in connection with Review Petition No. 12 of 1984 which we heard today. He submitted that this review petition also does not bear certificate of the learned advocate as required by the said Rule. The language of Rule 51 is mandatory and it is ordained by this Rule that "no such application shall be entertained by the Court without the aforesaid certificate." The form of the certificate is also prescribed by the Rule. We, therefore, are not inclined to entertain this review petition because it does not bear the certificate of the Advocate as required by Rule 51 of the Jammu and Kashmir High Court Rules. The petition is, therefore, dismissed.

(2.) MR . Bashir submits that he may be permitted to file a fresh petition in conformity with Rule 51 of the Jammu and Kashmir High Court Rules. He need not seek any permission of this court because order of dismissal on this point will not be a bar for him to file a fresh review petition.