| Citation(s) |
|---|
| 1986 SLG 861 1986 SLD 861 1986 SCMR 1386 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1100 of 1979, decision dated: 24-03-1986. (From the judgment/order of the Lahore High Court, Lahore, passed in Writ Petition No. 505 of 1967, dated 5-12-1979).
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
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Civil Petition for Special Leave to Appeal No. 1100 of 1979, decision dated: 24-03-1986. (From the judgment/order of the Lahore High Court, Lahore, passed in Writ Petition No. 505 of 1967, dated 5-12-1979).
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
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GHULAM QADIR KHAN and 12 others
VS
THE MULTAN CENTRAL CO-OPERATIVE BANK Ltd.
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Proceedings with regard to recovery of bank loan agitated in civil Court which concluded that it had no jurisdiction in the matter-Point agitated before Supreme Court merely technical relating to jurisdictional aspect of case--Order of High Court on question in dispute prima facie suffering from no infirmity--Leave to appeal refused. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal--Jurisdiction of Supreme Court to grant leave to appeal is highly discretionary. Ch. Khalilur Rehman, Senior Advocate Supreme Court, S. Talib H . Rizvi, Advocate Supreme Court (absent) with S. Ali Imam Naqvi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 24th March, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 5-12-1979 of the Lahore High Court; whereby a Constitutional petition arising out of a case of recovery of loan obtained from Multan Central Co-operative Bank Limited (respondent), was dismissed on point of jurisdiction of the Civil Court wherein the matter had been agitated. 2. According to the facts briefly stated by the learned counsel after protracted proceedings the award for recovery of the money was made against the petitioners. In appeal they succeeded in getting the amount reduced from nearly Rs.9 Lacs to Rs.3,87,320 plus costs amounting to Rs.2,500. It is stated that the recovery has already been effected. The proceedings were sought to be challenged…
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