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Petitioner: Mst. FATIMA and another VS Respondent: Mst. REHMAT MAI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mst. FATIMA and another vs Mst. REHMAT MAI Case No.: Civil Petition No,116 of 1984 Date of Judgment:1988-09-04 Reported As: 1989 SCMR 1202 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendants side in an inheritance declaratory suit, against the dismissal by the High Court of their Civil Revision. The respondent-plaintiffs suit was dismissed for non-prosecution due to her absence as also the absence of her counsel. Her application for restoration alongwith an application for condonation of delay filed before the trial Court, was dismissed. On respondent's appeal, the learned District Judge reversed the order and allowed the application for restoration of the suit. The petitioners' Civil Revision was dismissed by the High Court. They have now sought leave to appeal. After hearing the learned counsel, we are of the view that the reliance by the High Court on the testimony of the counsel of the respondent as A.W. 4 and his affidavit, were unexceptionable. The findings of fact brought under challenge before us, did not suffer from any infirmity. Leave to appeal, therefore, is refused.