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Petitioner: MUHAMMAD AFZAL SHAH VS Respondent: SARDARAN BIBI
1988 S C M R 1675
1988 S C M R 1675
Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ
MUHAMMAD AFZAL SHAH‑‑Petitioner
versus
SARDARAN BIBI and others‑‑Respondents
Civil Petition No.666 of 1981, decided on 4th July, 1988.
(From the judgment of Lahore High Court, dated 24‑3‑1981 in C.R. No.1453 of 1981).
Civil Procedure Code (V of 1908)‑‑
‑‑‑S.115‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Revisional jurisdiction of High Court‑‑Concurrent finding‑‑Interference with‑‑Fact that High Court in revision, confirmed orders passed by two Courts below, by itself, held, was no ground to refuse leave provided a case was made out ‑for granting leave to appeal‑‑View taken by High Court while exercising revisional jurisdiction, however, being perfectly in accordance with law, called for no interference‑‑Petition dismissed.
Ch. Mushtaq Masood, Advocate Supreme Court for Petitioner. Nemo for Respondents.
Date of hearing: 4th July, 1988.
ORDER
GHULAM MUJADDID MIRZA, J.‑‑Muhammad Afzal Shah seeks leave to appeal against the judgment of the Lahore High Court (Baghdad‑ul‑Jadid) dated 24‑3‑1981 whereby the revision petition filed by him was dismissed in limine with the result that the orders of the two Courts below were confirmed.
It is, therefore, obvious that all the decisions including the of the High Court are against the petitioner but that itself is no ground to refuse leave provided a case is made out for granting leave to appeal.
We have heard learned counsel for the petitioner. The view taken by the High Court while exercising the revisional jurisdictionl8 is perfectly in accordance with law and calls for no interference.
M.I. /M‑516/8 Petition dismissed.