Law:

Section:

Constitution of Pakistan (1973)---- Art. 185(3)-Leave to appeal-Misconduct - Right of audience, refusal of-Order for maintenance of status quo not passed on date when petitioner by filing false affidavit as to its having been passed secured adjournment of execution proceedings against him--Petitioner not denying falsity of affidavit but pleading illiteracy-Trial Court also unable to proceed with orders of eviction earlier passed on account of representation contained in affidavit as also verbally made on two dates-Trial Court reported to have issued show-cause notice in such regard-Supreme Court while observing that misrepresen­tation based on false information regarding proceedings of Supreme Court having been made before executing Court on two occasions could not be ignored, refraining from directing initiation of criminal proceedings for time being till proceedings on show-cause notice issued by executing Court finalised -- Held, that even if barest minimum admitted facts about affidavit and representations made twice before executing Court from petitioner's side be kept in view, petitioner disentitled himself from at least a right of audience before Supreme Court if not to grant of relief-Petitioner's counsel accordingly not permitted to address oral arguments in support of petition. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 17-3-1982 of the Lahore High Court; whereby the first civil appeal from order dated 1-3-1981 passed by a learned Civil Judge, refusing to grant temporary injunction in favour of the petitioner, during the pendency of a civil suit for specific performance filed by him, was dismissed. The perusal of the impugned judgment shows that notwithstanding certain technical points which have been taken in the leave to appeal petition, on merits it is not a fit case for grant of leave to appeal. However, there is a more important aspect of this matter which needs to be noticed. The respondent has entered caveat with a detailed application in writing in reply to the petition for special leave to appeal. A preliminary objection has also been raised that on account of the misconduct of the petitioner, he has…

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