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Petitioner: ALI MARDAN VS Respondent: MAQBOOL AHMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: ALI MARDAN vs MAQBOOL AHMAD And Other Case No.: Civil Petition for Leave to Appeal No.517-R of 1989 Date of Judgment:1990-02-27 Reported As: 1991 SCMR 1836 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by a 'plaintiff against the dismissal by the High Court of a civil revision. It had arisen out of the recalls of an ex parte decree earlier passed in petitioner's favour. The trial Court had after the first round, on a remand, dismissed the respondent's application for setting aside the ex parte decree. This order, however, was reversed by the Appellate Court and the case was remanded for trial in accordance with law. The petitioner challenged appellate order in the High Court and having met failure has sought leave to appeal. Learned counsel reiterated the points/canvassed before the High Court. They were adequately dealt with. Due note was also taken of judgment of this Court in Messrs Rehman Weaving Factory (Regd.), Bahwalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21. We also confronted the learned counsel, vis-a-vis the merits of the case as to why the petitioner is very keen to achieve success without trial. He merely repeated the technical points which were rightly repelled by the High Court. After hearing him at some length we do not consider it a fit case for grant of leave to appeal, the same accordingly is refused.