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Petitioner: MUHAMMAD ANWAR BIRLAS VS Respondent: MUHAMMAD ISMAIL BHATTI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD ANWAR BIRLAS vs MUHAMMAD ISMAIL BHATTI Case No.: Civil Petition No,382 of 1984 Date of Judgment:1988-09-12 Reported As: 1989 SCMR 1091 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This is a defendant's petition for leave to appeal, against the dismissal by the High Court of his Civil Revision. It had arisen out of an application for setting aside an ex parte money decree passed against him. ' The learned Judge in the High Court has given findings against the petitioner both on the question of limitation as also insufficiency of cause. Learned counsel has raised arguments in support of this petition both on the question of limitation as also the sufficiency of cause. Although, it might be possible to ultimately hold that the petitioner's application was not time- barred yet it would not be possible to set aside the findings of fact that the petitioner had failed to satisfy the conditions with regard to the "sufficiency of cause". The observations of the High Court in this behalf being in the field of findings of fact and also being unexceptionable, leave to appeal is refused. Otherwise too, after hearing the learned counsel on the question regarding petitioner's liability to pay the loan obtained on a promissory note, we do not deem it a fit case for examination on merits either.