we are fortified by the weighty observations of their Lordships of the supreme Court in Mirza Muhammad Yaqub v. The Chief Settlement Commissioner — 1965 PLD 255

Citation: 1965 PLD 255

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-10-11

Parties: BARKAT vs Haji GHULAM MUHAMMAD AND ANOTHER

Headnotes

which observations may be reproduced with advantage:- ". A petitioner is not entitled to take different pleas at different times so as to file more than one writ petition on the same facts.

Judgment Text

Court Name: Balochistan High Court Judge(s): Shamim Hussain Qadri, A. R. Sheikh Title: BARKAT vs Haji GHULAM MUHAMMAD AND ANOTHER Case No.: Letters Patent Appeal No. 3 of 1967 Date of Judgment:1969-10-11 Reported As: PLD 1970 Quetta 10 Result: Appeal accepted JUDGMENT JUDGMENT A. R. SHEIKH, J.---This Letters Patent Appeal calls in question the issuance of a writ by this Court on 30-6-67 against the orders of the Commissioner. F. C. R. Dated the 16th of May 1961 and the 29th of August 1962, made in reversal of the Extra-Assistant Commissioner's order dated the 26th of December 1958, in a complaint case filed by the respondent under section 447, P. P. C. Against the appellant. The said orders of the Commissioner, F. C. R. Were previously the subject-matter of Writ Petition No. 38 of 1962 filed by tire respondent in this Court, which writ petition was dismissed in limine by the learned Single Judge on the 30th of April 1963, when the following order was passed: "The order of the Commissioner, F. C. R. Dated 16-5-61 is a perfectly valid order. According to the compromise dated 26-6-53 between the parties which was approved by the Court on 6-7-53 the respondents Ghulam Muhammad and Munshi Faizul Haq (sic) were entitled to redeem the property within 5 years of the settlement. They came to Court on 10-4-58 and so they were very much within time. The *Extra-Assistant Commissioner and Additional District Magistrate was clearly wrong when he passed an order on 26-12-58 saying that…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.