MANGLI vs Mst. SUHAGI AND Other — 1970 SCMR 69

Citation: 1970 SCMR 69

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-25

Parties: MANGLI vs Mst. SUHAGI AND Other

Headnotes

Case cited as 1970 SCMR 69

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Dr. Sheikh Abdul Rahman Title: MANGLI vs Mst. SUHAGI AND Other Case No.:Civil Petition for Special Leave to Appeal No. 382 of 1967 Writ Petition No. 634/R of 1967 Date of Judgment:1967-10-25 Reported As: 1970 SCMR 69 Result: Leave granted Judgment ORDER S. A. RAHMAN, J.-Leave to appeal is granted in this case to consider the contention raised on behalf of Mangla the petitioner, that the High Court committed an error in rejecting the petition for a writ, merely on the ground that the petitioner had previously agitated the matter by way of a suit, and had failed in that suit right up to the stage of second appeal in the High Court. It is pointed out by Mr. Gul Muhammad, on behalf of the petitioner, that the suit failed not on the merits, but on the ground that the civil Courts had no jurisdiction to decide the dispute. In the circumstances the learned Counsel contended with force, that the view that prevailed in the High Court that no writ petition could be entertained in the circumstances, was open to grave question. The point is of general importance and merits consideration. We grant leave to appeal as prayed. The petitioner will furnish security in the sum of Rs. 1,003 for costs prior to the appeal being set down for hearing.

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