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1989 SCMR 1209

KHAN MUHAMMAD and another vs MUHAMMAD RAMZAN and another

Petitioner: KHAN MUHAMMAD and another VS Respondent: MUHAMMAD RAMZAN and another

Court: Supreme Court of Pakistan Decision Date: 1988-08-15

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: KHAN MUHAMMAD and another vs MUHAMMAD RAMZAN and another Case No.: Civil Petition No,686 of 1983 Date of Judgment:1988-08-15 Reported As: 1989 SCMR 1209 Result: Leave refused

Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--A civil revision filed by the petitioners' side (rival pre-emptors) was dismissed by the High Court for non-prosecution. A restoration application was also dismissed in default. However, on another application the restoration order having been passed, the petitioners again committed default; and, the case ended once more for non-prosecution. Again the petitioners submitted another restoration application which having been dismissed, leave to appeal has now been sought. The learned Judge in the High Court has dealt with the question of restoration in the background of the repeated defaults in such a manner that we have not been able to find any justification for grant of leave to appeal. On merits also, the petitioners have a weak case. ' Leave to appeal is, accordingly, refused.

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