Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 199(5) - Petitioners questioning in constitutional petition legality of order passed in revision by Division Bench of High Court-Petitioners, held, were seeking a writ against an order earlier passed by High Court itself, which they could not do under Art. 199 inasmuch as High Court was not a 'person' as defined in Art. 199(5)-Recourse to constitutional jurisdiction of High Court was thus not competent. (b) Supreme Court Rules, 1980- -- O. XXVIII, r. 3 & O. XIII, r. 5-Resort to civil litigation on questions already concluded in previous round barred-Frivolous and vexatious litigation not to be permitted to go unnoticed.--Case. wherein other party was put to expense by lodging a caveat, held, was a fit case where costs should be awarded under O. XXVIII, r. 3 read with O. XIII, r. 5, Supreme Court Rules, 1980. Asif Jah Siddiqi v. Government of Sind P L D 1983 S C 46 ref. Ch. Muhammad Abdullah, Advocate Supreme Court instructed by S. Wajid Hussain Shah, Advocate-on-Record for Petitioners (in C. P. No. 1472 of 1980). Mirza Muhammad Saeed Beg, Advocate Supreme Court instructed by S. Wajid Hussain Shah, Advocate-on-Record for Petitioners (in C. P. No. 1483 of 1980). S. Munir Hussain, Advocate Supreme Court instructed by Hamid Aslam, Advocate-on-Record (absent) for Respondents. Date of hearing:19th August, 1984. ORDER M. S. H. QURAISHI, J.-The dispute between the parties had been decided on 12-12-1974 in the earlier round, by the Lahore High Court in Settlement Revision No. 52 of 1965, against which the petitioner's plea for leave to appeal in the Supreme Court had been rejected first by the dismissal of their Civil Petition on 29-7-1975, and then by the dismissal of their Review Petition on 12-12-1976 and another Review Petition on 9-4-1978. Having thus failed, the petitioners started a new round by instituting a civil suit but when the same was dismissed on 3-2-1980 and so was their appeal on 16-3-1980, they again carne to the High Court in Writ Petition No. 574-R of 1980. Their attempt, in substance, was the reversal of the order passed in the aforesaid Settlement Revision. The writ petition was dismissed in limine…

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