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1988 SCMR 1985

MUHAMMAD SAEED VS ABDUL HAMID

Petitioner: MUHAMMAD SAEED VS Respondent: ABDUL HAMID

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1988 S C M R 1985

1988 S C M R 1985

Present: Muhammad Afzal Zullah and Javid Iqbal, JJ

MUHAMMAD SAEED and others‑‑Petitioners

versus

ABDUL HAMID and others‑‑Respondents

Civil Petition No.548 of 1982, decided on 3rd August, 1988.

(On appeal from the judgment and order dated 13‑4‑1982 of the Lahore High Court, Lahore in Writ Petition No.1365 of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Arts. 199 & 185(3)‑‑Constitutional jurisdiction, exercise of‑‑Mistakes committed by Trial Court while recording evidence sought to be corrected through Constitutional petition, which was dismissed‑‑Order impugned‑‑Constitutional petition in circumstances found to be misconceived‑‑Being incompetent, its dismissal, held, was unexceptionable‑‑No error having been discovered in impugned judgment, petition for leave to appeal dismissed.

Malik M. Rashid Awan, Advocate Supreme Court and Sh. Masood Akhtar, Advocate‑on‑Record for Petitioners.

Nemo for Respondents. Date of hearing: 3rd August, 1988.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the defendants' side in a civil suit against the of their writ petition.

According to the learned counsel, the grievance brought before the High Court in its Constitutional jurisdiction was that the learned trial Court while recording the deposition of a witness, had committed some mistakes in the record, which were sought to be corrected through a writ petition filed in the High Court.

After hearing the learned, counsel, we feel that the writ petition, in the circumstances of this case, was misconceived. As it was incompetent, its dismissal on this ground alone would be unexceptionable. Be as that may, we have otherwise not discovered any error in the impugned judgment.

This petition, therefore, is dismissed.

M.I:/M‑563/S Petition dismissed.

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