Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)--Petition for leave to appeal--Petitioners failing to file a copy of earlier Supreme Court between the parties relating to same subject-matter--Petitioners also did not produce grounds of appeal of that --Petition for leave to appeal could be dismissed on that ground alone-­Petitioners, however, were heard on points decided by High Court against petitioners vis-a-vis, bar created by earlier Supreme Court . (b) Supreme Court Rules, 1980--- ---O.XXXIII--Constitution of Pakistan (1973), Art.185(3)--Question as to whether Supreme Court had the power to entertain pleas which might have been raised by petitioners and could grant relief to petitioners under OXXXIII, Supreme Court Rules and/or to grant relief under its Constitutional power to do complete justice, cannot be resolved on the touchstone of either English Law or Indian Rulings. (c) Civil Procedure Code (V of 1908)--- ---O.XLVII, R.1--Constitution of Pakistan (1973), Art. 185(3)--Dismissal of petitioners' application for review by High Court--Petition for leave to Appeal--­Review application was dismissed by High Court mainly on the consideration that in the meanwhile appeal having been preferred before Supreme Court, matter was ultimately to be decided by Supreme Court and of High Court merged in the appellate of Supreme Court--Supreme Court agreed with High Court that relief sought by petitioners in High Court in its review jurisdiction was also within the power of Supreme Court to grant in earlier appeal in this very case--High Court's being unexceptionable, leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, CJ.--Leave to appeal has been sought in this case of inheritance; against the dismissal by the High Court on 10-2-1990, of petitioners/defendants' application for review. Learned counsel for the petitioners has for purpose of convenience and easy understanding produced the following pedigree table with 2 foot notes as reproduced below:-- "(1) Civil Judge dismissed the suit for partition and possession and declaration on 29-7-1953. Niamat Bibi defendant held entitled to the entire property on the basis of Shia Law. (2) 4 direct…

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