Law:

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Constitution of Pakistan (1973)----Art. 185(3)-Jurisdiction to make restitution - Held, inherent in every Court and should be exercised whenever justice demands-Order assailed not calling for interference-Leave to appeal refused. Bashir A. Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate­-on-Record for Petitioners. Raja Muhammad Akram, Advocate Supreme Court and M. Afzal Siddiqui, Advocate-on-Record for Respondents. Date of hearing: 3rd April, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 10-3-1984 passed in Civil Revision No. 43 of 1984. 2. A suit for specific performance of contract dated 31-12-1980 was filed by the petitioners. The respondents offered a compromise by application dated 4-6-1983 whereupon the case was adjourned to 5-6-19N3 for the petitioners to consider the offer. On this date the statements of the parties were recorded in which the petitioners agreed to make payment of rupees three lacs on or before 30-6-1983 and of rupees ten lacs by 25-7-1983 in Court or by a Bank Draft drawn in favour of the respondents and in case they failed to do so the agreement will come to an end. The respondents also agreed to this offer and stated that in case the payment is not made as promised, the possession of the property in dispute will pass on to the respondents. In pursuance of the above agreement the petitioners failed to make the payment in the Court of the learned Civil Judge before whome the suit was pending and accordingly the suit was dismissed vide his judgment dated 27-7-1933 and decree was passed. 3. The petitioners challenged the aforesaid order of the Civil Judge by application under section 12(2) C. P. C. before the same Court which was dismissed on 1-12-1983. The petitioners thereafter filed a Revision Petition bearing No. 235 of 1983 before the Lahore High Court which was also dismissed vide the impugned judgment dated 21-12-1983. The petitioners then filed a petition for leave to appeal against the revrsional order of the Lahore High Court which was dismissed by this Court per order dated 28-1-1984. In the meantime the petitioners…

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