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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NASIR AHMED VS Respondent: ASGHAR ALI
1988 S C M R 65
1988 S C M R 65
Present: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
NASIR AHMED and another--Petitioners
versus
ASGHAR ALI--Respondent
Civil Miscellaneous Petition No. 54 of 1984 in Civil Petition for Special Leave to Appeal No. 965 of 1979, decided on 21st January, 1987.
(Application for modification of the order of this Court, dated 19-3-1986 passed in C.P.S.L.A. No. 965/79).
Supreme Court Rules, 1980--
---O. XXXIII, Rr. 4 & 6--Modification of Supreme Court orders- Application seeking clarification and amendment in Court's order dismissing applicant's petition for leave to appeal, accepted and order passed earlier modified.
Rana Muhammad Sarwar, Advocate Supreme Court and Sheikh Salah-ud-Din, Advocate-on-Record for Petitioners.
Nemo for Respondent.
Date of hearing: 21st January, 1987.
ORDER
ASLAM RIAZ HUSSAIN, J.-- Petitioners have filed the present application to seek clarification and amendment in this Court order, dated 19-3-1986 dismissing their C.P.S.L.A. No. 965/1979.
2. We have heard the petitioners' counsel and accept the application modifying the aforementioned order, dated 19-3-1986 which shall now read as follows:-
ORDER
(1) Petitioners seek leave to appeal against the judgment of the High Court, dated 22-9-1979, dismissing their civil revision wherein the High Court was pleased, inter alia to transfer the suit in question from the Court of one Civil Judge to that of another.
(2) This is a matter within the discretion of the High Court and we would not like to interfere.
(3) The counsel for the petitioner prayed that the admissions made by the respondent in the connected case may be required to be relied upon in the second suit, by the Court in which the appeal from the decree in that suit is pending.
(4) We are not inclined to give any such direction because the plea raised before us can be raised by the petitioners, if available to him, before the learned Court hearing the appeal in question.
3. With this observation the petition is dismissed.
M.I./N-32/S Order accordingly.