Law:

Section:

(a) Precedent-------Each and every case would be decided on its own peculiar facts and circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Pendency of such petition without suspension of impugned /decree---Effect---Courts below would not be barred to proceed in the matter. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Rejection of plaint, application for---Dismissal of application by Trial Court and Revisional Court---Effect---Constitutional petition would not be competent. Allah Bakhsh and others v. Dr. Abdul Waheed and others PLD 1996 Kar. 458; Riaz Ahmad v. Dr. Amtul Hameed Koser and 8 others 1996 CLC Kar. 678; Mst. Jannat Bibi v. Sher Muhammad and others 1988 SCMR 1696; Pir Bakhsh v. The Chairman, Allotment Committee and others PLD 1987 SC 145; and Haji Mir Alam Shah v. Adam Khan and 16 others 2004 CLC 1100 ref. Khuda Bakhsh v. Muhammad Sharif and others 1974 SCMR 279; Muhammad Sharif and others v. Muhammad Afzal and others PLD 1981 SC 246 and Abdul Rehman Bajwa v. Sultan Ahmad and others PLD 1981 SC 522 rel. (d) Constitution of Pakistan (1973)--- ----Art. 199---Concurrent findings of fact by Courts below---Validity---High Court had no jurisdiction to substitute its own findings in place of such findings of Courts below. Board of I.& S.E. Lahore v. M. Musaddaq Naseem PLD 1973 Lah. 600 and Syed Azmat Ali Shah v. Chief Settlement and others PLD 1964 SC 260 rel. (e) Civil Procedure Code (V of 1908)--- ----S. 115---Constitution of Pakistan (1973), Art.199---Constitutional petition---Impugned order passed by District Judge under S.115, C.P.C.---Constitutional petition may lie against such order in proper cases but same would not be entertained merely that another view was possible. Noor Muhammad v. Sarwar Khan and 2 others PLD 1985 SC 131; Muhammad Zahoor and others v. Lal Muhammad and others 1988 SCMR 322; Pakistan through Secretary v. Special Court (Banking) 1991 SCMR 2355 and Mst. Iqbal Begum v. Muhammad Akbar and others 992 CLC 232 rel. Sh. Naveed Shahryar for Petitioner. ORDER The brief facts out of which present writ…

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