PESHAWAR, Feb 23: Additional District and Sessions Judge Sardar Mohammad Irshad accepted on Monday a review petition of Pakistan Medical Association (PMA) president-elect Dr Umer Ayub challenging a judgment of a civil court.

Dr Ayub had challenged the order of Civil Judge Abid Islam, whereby the court in September last year had rejected a plaint of a former PMA member, Dr Hussain Haroon, but had given an option to him that his case would be heard if his PMA membership was revived.

The plaint was filed by Dr Haroon in Dec 2002 challenging the biennial central elections of the PMA. He had requested the civil court to declare the elections illegal, as legal formalities had not been completed before holding the polls on Dec 15, 2002, in Peshawar.

Dr Ayub was elected unopposed as president of the PMA. Under its constitution the president-elect would assume responsibility as central president in 2004, two years after the polls.

Before the trial court, Dr Ayub had filed an application under order 7 Rule 11 of the Civil Procedure Code (CPC), stating that as Dr Haroon was no longer a member of the PMA therefore he had no locus standi to file the petition.

On the basis of the application the civil court had dismissed the plaint, but had given an option to Dr Haroon to restore his plaint if his membership revived.

Advocates Neelum Khan and Mohammad Asif appeared for Dr Ayub and argued that under Order 7 Rule 11 the trial court had no powers to issue a conditional order. They contended that the option given to Dr Haroon by the civil judge was against the spirit of Order 7 Rule 11.

They added that under the order the civil judge could either accept or dismiss an application, but could not attach any conditions with it. Advocate Seth Waqar appeared for Dr Haroon and argued that review petition should be dismissed. He added that the option given by the trial court to Dr Haroon was in accordance with law.