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1990 SCMR 479

Haji MURAD ALI and 12 others vs MEMBER (CONSOLIDATION), BOARD OF

Petitioner: Haji MURAD ALI and 12 others VS Respondent: MEMBER (CONSOLIDATION), BOARD OF REVENUE and 9 others

Court: Supreme Court of Pakistan Decision Date: 1989-03-15

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah Title:Haji MURAD ALI and 12 others vs MEMBER (CONSOLIDATION), BOARD OF

REVENUE and 9 others Case No.: Civil Petition for Leave to Appeal No, 256 of 1985 Date of Judgment:1989-03-15 Reported As: 1990 SCMR 479 Result: Leave granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a consolidation matter, against the dismissal by the High Court, of petitioners' Intra-Court Appeal as incompetent. After hearing the learned counsel we consider it a fit case for grant of leave to appeal inter alia, to examine; whether, in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision would an Intra- Court Appeal aginst the dismissal of that party's writ petition, be not competent. Learned counsel states that there is no decided case on this question and it is one of first impression. This and other related questions would require examination. Accordingly subject to the question of limitation vis- a-vis the dismissal of the petitioners' writ petition, we grant leave to appeal. ' Security Rs,5,000. ' The appeal shall he prepared on the present record with direction to the parties to file all additional documents which would he necessary for disposal of appeal. ' Notice to the respondents' side in the stay application. It shall be fixed before any learned Judge in Chambers.

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