Case Details

Citation(s)
1983 SLG 154 1983 SLD 154 1983 SCMR 59
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 232 of 1982, decision dated: 29-05-1982.(Against the judgment of the Lahore High Court, dated 18 1 1982, passed in Writ Petition No. 7366/80)
ASLAM RIAZ HUSSAIN AND M. S. H. QURESHI, JJ
Ch. Muhammad Yaqub Sidhoo, Advocate Supreme Court with Iqbal Ahmd Qureshi, Advocate on-Record for Petitioners. Nemo for
Respondents

HAMAYAT KHAN AND ANOTHERS

VS

AHMED DIN AND 2 others

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) Leave to appeal District Judge having jurisdiction to decide question and such decision attaining finality nevertheless High Court entertaining writ petition against such order and dismissing same through a well reasoned Leave to appeal petition, in circumstances, held, misconceived and dismissed Court observa¬tion: Practice unfortunately has arisen to challenge decisions of Courts through constitutional petitions on frivolous grounds requiring re¬appraisal of evidence when none envisaged by law. ORDER ASLAM RIAZ HUSSAIN, J. The facts giving rise to this petition are, briefly; that Sardar Ahmad (petitioner No. 2) purchased 30 Kanals of land from Rehmat Ali, which he subsequently sold to Hayat Khan. Rehmat Al: brought a suit against them for declaration to the effect that he had not made any sale in favour of Sardar Ahmad (petitioner No. 2). The said Rehmat Ali died during the pendency of the suit. An application was moved to implead respondents (Nos. 1 to 3) as legal representatives of Rehmat Ali. This was allowed by the trial Court. This order was, however, challenged by the petitioner through a revision petition before the Additional District…
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