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Initializing Secure Chambers
Petitioner: Mst. ZAIDAT VS Respondent: SHAHADAT and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mst. ZAIDAT vs SHAHADAT and others Case No.: Civil Petition No,376 of 1984 Date of Judgment:1988-09-04 Reported As: 1989 SCMR 1392 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a suit for possession, against the dismissal by the High Court of her writ petition; which had arisen out of the setting aside of an ex parte decree in her favour. ' The ex parte decree passed against the respondents side was set aside by the trial Court in second round of litigation after a remand by the District Court. The petitioner's Civil Revision against the setting aside of ex parte decree was dismissed. The revisional order having been challenged in the High Court in its Constitutional jurisdiction without any success, the petitioner has sought leave to appeal. ' No stay order was passed by this Court, regarding the continuance of proceedings after the setting aside of the ex parte decree. Learned counsel has informed that the suit having been decided on merits, a petition for leave to appeal filed separately by the petitioner, is now pending against the decision of the case on merits. After hearing the learned counsel, in the circumstance of this case, we agree with the High Court that the revisional order passed by the District Judge was not liable to be set aside in the Constitutional jurisdiction of the High Court. Leave to appeal, therefore, is refused.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.