FAZAL DIN vs WALI MUHAMMAD AND 5 Other — 1971 SCMR 186

Citation: 1971 SCMR 186

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-10

Parties: FAZAL DIN vs WALI MUHAMMAD AND 5 Other

Headnotes

Case cited as 1971 SCMR 186

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: FAZAL DIN vs WALI MUHAMMAD AND 5 Other Case No.: Civil Review Petition No. 24 of 1969 Date of Judgment:1971-02-10 Reported As: 1971 SCMR 186 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition seeks a review of our order dated the 24th of October 1969, whereby the petitioner's civil petition for Special Leave to Appeal No. 224 of 1969 was dismissed. Leave was declined to the petitioner on the main ground that the decision of the High Court under challenge, which was passed in writ jurisdiction, was based on a compromise, which was effected between the contesting parties, including the petitioner, as duly recorded in the High Court. The review of our order is mainly sought on the ground that we had failed to decide the question whether the High Court was legally right in disposing of the writ petition on the basis of the compromise without adverting to the question raised in the writ petition that the impugned orders of the Settlement authorities were without lawful authorities. Grant of special leave to appeal from this Court cannot be claimed as a matter of right. Essentially, it is a matter of discretion with the Court, which is to be exercised on a judicial consideration of the circumstances of each case. In this case, the petitioner was obviously disentitled to seek the indulgence of this Court to grant him leave to challenge an order of the High…

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