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Petitioner: FATEH MUHAMMAD VS Respondent: SAID RASUL and 7 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: FATEH MUHAMMAD vs SAID RASUL and 7 others Case No.: Civil Petitions for Leave to Appeal Nos. 946 and 947 of 1983 Date of Judgment:1988-11-30 Reported As: 1989 SCMR 2018 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in these two petitions by the defendant in suit for possession, against the dismissal by the High Court, of his two Civil Revisions. 2. Respondents' side succeeded in a challenge to an alienation by a minor, before the trial Court. The petitioner's appeal was dismissed and his Civil Revisions have also failed. 3. Learned counsel has contended, that the earlier suit filed from the respondents' side, having been dismissed in default for non-prosecution, fresh institution was not possible on the same cause of action. 4. When pointed out, that this question was not raised before the High Court, the learned counsel could not pursue the matter, any further. On the question of limitation, the second point raised by the learned counsel, he admitted that it stands concluded by findings of fact against the petitioner, which in our view, do not merit interference. Otherwise too, the decision on merits against the petitioner is fair and it is not a fit case for leave to appeal; the same accordingly, is refused.