| Citation(s) |
|---|
| 1987 SLG 473 1987 SLD 473 1987 SCMR 1310 |
Supreme Court of Pakistan
Civil Appeal No. 143 of 1975, decision dated: 15-04-1987.(On appeal from the judgment/order of the Lahore High Court, dated 15-11-1974 in Writ Petition No. 132-R of 1969)
MUHAMMAD AFZAL ZULLAH, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Syed Riaz Ahmad Pirzada, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Appellant. Abdul Majid Khan, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record (absent) for
Respondent No. 3. Imtiaz Muhammad Khan, Advocat
Civil Appeal No. 143 of 1975, decision dated: 15-04-1987.(On appeal from the judgment/order of the Lahore High Court, dated 15-11-1974 in Writ Petition No. 132-R of 1969)
MUHAMMAD AFZAL ZULLAH, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Syed Riaz Ahmad Pirzada, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Appellant. Abdul Majid Khan, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record (absent) for
Respondent No. 3. Imtiaz Muhammad Khan, Advocat
Ch. NASIRUDDIN
VS
Maulvi MUHAMMAD MASKIN and others
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine the question whether High Court was not in error in thinking that the "appellant was not the transferee of any part of the residential portion, or that he had not filed any revision petition against the order of Additional Settlement Commissioner which had sought to interfere with that transfer or that he was not interested any longer in the transfer of property". (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Appeal (civil)--Counsel and client--Leave to appeal granted to examine that any concession made against the appellant by his counsel in proceedings before the High Court could not be binding on the appellant as it was made under an obvious mistake of fact and without instructions from the appellant.--[Counsel and client]. (c) Constitution of Pakistan (1973)-- ---Art. 185(3)--Appeal to Supreme Court--Finality of High Court order--Appellant not challenging of the High Court though was party to the proceedings and had accepted the same and wanted to participate in the remand proceedings--Such appellant, whether at appeal stage, before Supreme Court could challenge the statement made by his counsel before the High Court in the first round of litigation. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.----This appeal through leave of the Court is directed against judgment, dated 15-11-1974 of the Lahore High Court; whereby appellant's Constitutional Petition arising out of an urban settlement case, was dismissed. After prolonged litigation concerning the disposal of the residential portion of a composite property, the matter was brought before the High Court by the respondents Nos.2 and 3 in Writ Petition No.1563-R of 1965, which was allowed and the case was remanded for fresh decision of a revision petition filed before the Settlement Commissioner by respondent No. l (Maulvi Muhammad Maskin). The learned Settlement Commissioner did not permit the present appellant to participate in the proceedings on the ground that it was stated in the order of remand by the High Court passed in Writ Petition…
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