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Petitioner: FEDERATION OF PAKISTAN through General Manager, Railway Headquarters Office VS Respondent: M/s. MIAN MUHAMMAD SALIM & COMPANY
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Wali Muhammad Khan Title:FEDERATION OF PAKISTAN through General Manager, Railway Headquarters
Office vs M/s. MIAN MUHAMMAD SALIM & COMPANY Case No.: Civil Petition No, 296 of 1992 Civil Revision No, 315 of 1991 Date of Judgment:1992-10-06 Reported As: 1994 SCMR 1960 Result: Leave refused Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, C.J.---The Federation of Pakistan as defendant in a civil suit, has sought leave to appeal against the dismissal by the High Court of its Civil Revision. The grievance made is that there was allegedly an unnecessary issue framed by the trial Court which refused to delete the same on the application of the petitioner; and, the. High Court also while affirming the trial Court's decision declined to interfere in its Revisional jurisdiction. We having seen the language of issue concerned and compared it with the language used in the relevant averments in the plaint and the written statement, have not been able to agree with the learned counsel that the issue was unnecessary. His attempt to argue that the written statement having been amended with the permission of the Court at an earlier stage, the amendment made the disputed issue redundant, is also of no avail because the language referred to above in the amended written statement which justified the framing of the disputed issue, remained unaltered. That being so, there is no force in this petition and the same is dismissed.