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Petitioner: NAZIR AHMAD VS Respondent: Syed ZAFAR HUSSIAN SHAH
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: NAZIR AHMAD vs Syed ZAFAR HUSSIAN SHAH Case No.: Civil Petition for Leave to Appeal No,55 of 1985 Date of Judgment:1989-02-26 Reported As: 1989 SCMR 1505(1) Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH. J.--Leave to appeal has been sought, against the dismissal by the High Court of petitioner/defendant's Civil Revision. It had arisen out of a decree compensating the respondent/plaintiff for malicious prosecution launched by the petitioner. ' We have heard the learned counsel on merits of the allegations as well as on legal objection that the respondent was never acquitted by any Criminal Court on consideration of the facts of the case. On the other hand the petitioner's plea is that the prosecution launched by him was not only based on true facts but also was bona fide. On facts and merits all the three Courts have held against the petitioner. That being so even if there is some technical defect in the proceedings which can benefit the petitioner, we do not consider it a fit case for grant of leave to appeal The same accordingly is refused.