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1989 SCMR 814

NASIM HUSSAIN vs GENERAL MANAGER, MANGLA DAM and others

Petitioner: NASIM HUSSAIN VS Respondent: GENERAL MANAGER, MANGLA DAM and others

Court: Supreme Court of Pakistan Decision Date: 1988-12-17

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title: NASIM HUSSAIN vs GENERAL MANAGER, MANGLA DAM and others Case No.: Civil Petition No,104-R of 1987 Date of Judgment:1988-12-17 Reported As: 1989 SCMR 814 Result: Petition dismissed

Judgment ORDER ' GHULAM MUJADDID, J.--This petition for leave to appeal by Nasim Hussain resident of village Dhok Awan, District Jhelum, is barred by thirteen days. ' The petitioner is not represented by a counsel. He is appearing in person. We, therefore, condoned the delay and called upon him to address us. ' We have heard him at some length. The main obstacle in his way is the question of jurisdiction. He started with the merits of the case. Those can only be examined provided the Court has the necessary jurisdiction. ' In the instant case the petitioner invoked the jurisdiction of the Sub-Judge, Mirpur. It was in his Court that he filed a suit for declaration with consequential relief concerning his seniority vis-a-vis others. The suit was dismissed on 31-1-1978. ' The petitioner remained unsuccessful throughout. He lost his appeal before the District Judge; failed before the High Court of Azad. Jammu & Kashmir and finally before the Hon'ble Supreme Court of Azad Jammu & Kashmir. ' It was thereafter that he invoked the Constitutional jurisdiction of the Lahore High Court but his petition was dismissed by a learned Judge of that Court. Then he filed appeal. He met the same fate by order dated 23-2-1987 which has been impugned in this petition. We have no jurisdiction to entertain this petition. Therefore, we cannot help the petitioner. This petition, as such, has to, e dismissed. ' Order accordingly.

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