Case Details

Citation(s)
1991 SLG 1435 1991 SLD 1435 1991 SCMR 1892
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.937 of 1986, decision dated: 23rd October, 1989(On appeal from the judgment dated 20-10-1986 of the Lahore High Court, Lahore in Writ Petition No.2133 of 1986)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ

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MUHAMMAD SHARIF

SARDAR and 8 others

Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)---Only question involved in case was of fact: as to whether, petitioner had withdrawn his appeal filed by him before Appellate Authority below or not---Finding of fact recorded by High Court on such controversial question being against petitioner, there was no justification for grant of leave to appeal. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought in a consolidation matter; against the dismissal by the High Court, of petitioner's Constitutional Petition. The only question involved is of fact: as to whether, the petitioner had withdrawn his appeal before the Collector or not: The High Court held the inquiry wherein the Collector stated that .the petitioner had withdrawn the appeal. The argument of the learned counsel that there was no justifiable reason for the petitioner, in the circumstances of this case, to have withdrawn the appeal, relates to the motive and intention of the petitioner with which the High Court was not concerned. The finding of fact on the…
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