Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art.185(3)--Rehabilitation Settlement Scheme, para. 11--Contention that assumption made by authority was factually wrong--Such contention neither raised before High Court though petitioner had enough oppor­tunity nor material placed to prove that said authority was incorrect-­Question being of fact, Supreme Court declined to interfere at leave granting stage--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal is directed against judgment, dated 9-4-1980 of the Lahore High Court; whereby an Intra-Court Appeal arising out of a land settlement case was dismissed. The petitioner had raised a grievance in a land allotment case before the Lahore High Court in a Constitutional petition. It was dismissed for non-prosecution. The petitioner moved an application for setting aside this order of dismissal but without any success. He then filed an Intra-Court Appeal regarding refusal of the learned Single Judge to set aside the order of dismissal for non-prosecution. It was also dismissed by a Division Bench. While this Intra-Court Appeal was pending the petitioner filed another writ petition regarding the same subject-matter but it was dismissed on the technical ground that the aforementioned Intra-Court Appeal was then pending. The petitioner availed of a third chance after the afore stated dismissal of the Intra-Court Appeal and filed another writ petition regarding the same subject-matter which was dismissed by a learned Single Judge on 18-12-1979. The petitioner challenged this third dismissal through another Intra-Court Appeal which was dismissed on 9-4-1980. He has therefore sought leave to appeal. The impugned order was passed on the following consideration:- "It is unnecessary to examine the ground upon which the learned Single Judge dismissed the writ petition for in our opinion the conduct of the appellant shows gross negligence in pursuing the remedy." Learned counsel has contended that in reality the petitioner had been pursuing the remedy diligently. It was due to legal formalities that the petitioner had to submit so…

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