Case Details

Citation(s)
1987 SLG 627 1987 SLD 627 1987 SCMR 1626
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 280 of 1987, decided on 14th June, 1987. (On appeal from the judgment of the Lahore High Court dated 3131987 in Writ Petition No. 4771 of 1984).
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Sh. Hamid Mukhtar, Advocate Supreme Court instructed by Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioners. Nemo for
Respondents

RAB NAWAZ and another

VS

MUHAMMAD ABDULLAH and others

Law:

Section:

Civil Procedure Code (V of 1908)-----O. XLI, R. 23--Arbitration Act (X of 1940), S. 32--Constitution of Pakistan (1973), Art. 185(3)--Order of remand--Writ jurisdiction, exercise of--Interference in pending civil litigation--District Judge remanding case to Trial Court with direction to decide all ISSUE'S--Order impugned in writ jurisdiction--View that ordinarily High Court should not in Constitutional jurisdiction interfere in pending civil litigation affirmed--Petitioner's apprehension that Trial Court would not record finding in respect of their objection based on S.32, Arbitration Act, 1940 and might overlook decision of Supreme Court iii an earlier case, found to be entirely unfounded--Principles of law enunciated by Supreme Court being binding upon all Courts in Pakistan, leave to appeal refused. Badri Narayan Agarwala v. Pak Jute Balers Limited P L D 1970 S C 43 ref. ORDER SAAD SAOOD JAN, J.--The petitioners seek leave to appeal from the order of the learned Single Judge of the Lahore High Court dismissing their writ petition from an order of remand made by the District Judge. 2. After hearing the learned…
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