| Citation(s) |
|---|
| 1989 SLG 1904 1989 SLD 1904 1989 SCMR 1772 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 52-P of 1989, decision dated: 22-05-1989.(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 31-1-1989, passed in W.P. No. 256/86)
MUHAMMAD AFZAL ZULLAH ARID USMAN ALI SHAH, JJ
Abdus Samad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No. 52-P of 1989, decision dated: 22-05-1989.(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 31-1-1989, passed in W.P. No. 256/86)
MUHAMMAD AFZAL ZULLAH ARID USMAN ALI SHAH, JJ
Abdus Samad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.
MUHAMMAD
VS
ADDITIONAL SECRETARY, GOVERNMENT OF N.W.F.P., HOME AND TRIBAL AFFAIRS DEPARTMENT and 8 others
Law:
Section:
Civil Procedure Code (V of 1908)-----O. XXIII, R.3--Constitution of Pakistan (1973), Arts. 185(3) & 199--Writ petition, withdrawal of--Earlier writ petition was withdrawn without the permission to file a new Writ Petition--Order under challenge remained unchanged and became final--Subsequent writ petition claiming similar relief, held, was rightly dismissed by High Court. ORDER USMAN ALI SHAH, J--This petition for special leave to appeal has arisen from the judgment of the Peshawar High Court, Peshawar, whereby Writ Petition No. 256 of 1986 of the petitioner against the order of the Addl. Secretary Home and Tribal Affairs Peshawar (respondent No. 1) was dismissed by the impugned judgment. After hearing the learned counsel and going through the record of the case we have come to the conclusion that this petition has no force and deserves dismissal straightaway. Because a perusal of record shows that an earlier Writ Petition No. 523 of 1978 was withdrawn without the permission…
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