| Citation(s) |
|---|
| 1969 SLG 212 1969 SLD 212 1969 SCMR 120 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No: 192 of 1968, decision dated: 1-11-1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th February 1963, in Civil Revision No. 93 of 1968)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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Civil Petition for Special Leave to Appeal No: 192 of 1968, decision dated: 1-11-1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th February 1963, in Civil Revision No. 93 of 1968)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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CAPTAIN MUHAMMAD AKBAR KHAN AND AVOTHER s
VS
Haji ABDUR REHMAN TOKA AND OTHERS
Law:
Section:
Constitution of Pakistan (1962)-------Art. 58 (3)-Petition for Special Leave to Appeal-Cannot be utilised as a lever for expediting by Subordinate Court. Muhammad Akram Raja, Advocate Supreme Court instructed by. Iqbal Ahmad Qureshi, Attorney for Petitioners. Nemo for Respondents. Date of hearing : Ist November 1968. ORDER HAMOODUR RAHMAN, J.-This was a petition for special leave to appeal from the judgment and order of a learned Single Judge of the High Court of West Pakistan refusing to interfere in revision with an order of the Additional District Judge, Rawalpindi who refused to grant the suspension of an order appointing a receiver by the Civil Judge, Rawalpindi from which an appeal was filed in the District Court. The petitioners came up for revision to the High Court against this interlocutory order refusing to suspend the order appointing the receiver and also applied for a similar order of suspension to the High Court. Both these matters were heard together but the High Court dismissed them both on the ground that under section 115 of the Code of Civil Procedure it had no jurisdiction to suspend the said order which was passed by the lower Court in the lawful exercise of its jurisdiction. The petitioner has come up to this Court forβ¦
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