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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AHMON Alias AHMAD And Another VS Respondent: GHULAM And 11 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: AHMON Alias AHMAD And Another vs GHULAM And 11 Other Case No.:Civil Petition for Leave to Appeal No-843 of 1985 Writ Petition No-5082 of
1984 Date of Judgment:1989-06-14 Reported As: 1991 SCMR 1922 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal of petitioners' Writ Petition which had arisen out of a consolidation matter. This case has came up in the High Court in its writ jurisdiction for the second time. Learned counsel admits that petitioners have been non-suited in the High Court this time; mainly, on the ground that the matter stood finally determined in the earlier round in so far as the M.B.R. Is concerned. The mere fact that a party sought re-opening of the matter at the lower consolidation level would not make it a fresh or different subject-matter for examination. The learned counsel has tried to contend that in the earlier proceedings the party initialing them was different but, he candidly accepted that the petitioners were also a party in those proceedings. Keeping in view the circumstances of this case the approach of the High Court in refusing to re-open the matter in its writ jurisdiction is unexceptionable. Leave to appeal, accordingly, is refused.