Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 185(3) & 199--Writ jurisdiction--Competency of--Legality of order passed by Division Bench of High Court questioned in writ juris­diction--High Court not being a person as defined in cl.. (5) of Art. 199, against whom High Court was empowered to issue a writ, recourse of writ jurisdiction, held, not competent. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Civil Procedure Code (V of 1908), S. 151--Supreme Court Rules, 1980, O. XIII, r. 5 & O. XXVIII, r. 3--Frivolous litigation--Awarding of costs--Petitioners resorting to civil litigation on questions already concluded in previous round--Having lost thrice before Supreme Court, raising same submissions before High Court--Again seeking leave to appeal against rejection of petitions--Respondents put to expense by lodging caveat--Such frivolous and vexatious litigation not to be permitted to go unnoticed--Petitioners directed to pay Rs.2,000 in gross in lieu of taxed costs awarded to respondents--Petitions dismissed. Asif Jah Siddiqi v Government of Sind P L D 1983 S C 46 rel. 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 petitioners 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 came 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 on 23-9-1980 by a learned Single Judge by the impugned order upon the view that:- "It is doubtful as to whether the petitioners are entitled without risk to raise…

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