| Citation(s) |
|---|
| 1969 SLG 215 1969 SLD 215 1969 SCMR 125 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 131 of 1968, decision dated: 31-10-1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 26th February 1968, in Writ Petition No. 136-R of 1968)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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Civil Petition for Special Leave to Appeal No. 131 of 1968, decision dated: 31-10-1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 26th February 1968, in Writ Petition No. 136-R of 1968)
HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
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MUHAMMAD SHARIF AND OTHERS
VS
ASSISTANT REHABILITATION COMMISSIONER (LAND), NARO WAL AND 6 OTHERS
Law:
Section:
Constitution of Pakistan (1962)-----Art. 98-First petition dismissed on basis of concession made on proper instruction-Second petition on ground that special Attorney of petitioner had fraudulently given wrong instruction, to Counsel-Second petition, held, rightly not entertained by High Court. Muhammad Ishaq Farooqi, 4dvocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 31st October 1968. JUDGMENT HAMOODUR RAHMAN, J.-The petitioners were confirmed certain evacuee agricultural lands on the 18th September 1957, by the Assistant Rehabilitation Commissioner (Land), Narowal, District Sialkot but these lands were on the 4th July 1961, cancelled and allotted to the respondents Nos. 2 to 7 by another Assistant Rehabilitation Commissioner. The petitioners challenged this order by a writ petition under the Laws (Continuance in Force) Order. This was dismissed on the 28th September 1966, on the basis of a concession made by the learned counsel then appearing for the petitioners to the effect that the petitioners had already got the land in dispute. The petitioners sought to have the said petition restored on the ground that their special attorney, one Alan Din, had in collusion with the respondents Nos. 2 to 7, given in correct instructions to the learned counsel. This application was, however, dismissed on the 7th December 1967. They then filed a fresh petition under Article 98 of the Constitution on the 7th February 1968. This was dismissed in limine by a Division Bench or the High Court of West Pakistan on the 26th February 1968, on the ground that a second application for an order in the nature of a writ did not lie on the same facts. The petitioners now…
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