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Initializing Secure Chambers
Petitioner: Malik NASIM AHMAD VS Respondent: ADDITIONAL DISTRICT JUDGE, DERA GHAZI KHAN And 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Muhammad Afzal Zullah, Syed Usman Ali Shah Title:Malik NASIM AHMAD vs ADDITIONAL DISTRICT JUDGE, DERA GHAZI KHAN And 3
Other Case No.:Civil Petitions for Leave to Appeal Nos.338 and 339 of 1988 Writ Petition No.106 of 1988 Petition No.1713 of 1987 Date of Judgment:1989-06-19 Reported As: 1991 SCMR 1877 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendant in these two petitions; against the dismissal by the High Court, of his writ petitions. The suit of the respondent/plaintiff side was dismissed for default by the trial Court. Their application for restoration, however, was allowed on a finding that the date of dismissal for default was not a "date of hearing". The question of notice was also decided in their favour. Petitioner's challenge, to the trial Court orders, in the revisional jurisdiction of the District Court, failed. Accordingly he filed writ petition in the High Court which having been dismissed he has now sought leave to appeal. In addition to the arguments, raised before the High Court which were properly dealt with and repelled, learned counsel has also contended that there was no justification for setting aside, the dismissal of the suit for default. After hearing the learned counsel on this question of fact as well, we have not been able to find any justification for grant of leave to appeal; as the impugned judgment, in the discretionary writ jurisdiction of the High Court, does not suffer from any infirmity either of law or principle. Leave to appeal, accordingly, is refused.