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1989 SCMR 287

Syed MUHAMMAD SHARIF SHAH vs WALI MUHAMMAD and others

Petitioner: Syed MUHAMMAD SHARIF SHAH VS Respondent: WALI MUHAMMAD and others

Court: Supreme Court of Pakistan Decision Date: 1988-08-07

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Syed MUHAMMAD SHARIF SHAH vs WALI MUHAMMAD and others Case No.: Civil Petition No, 962 of 1982 Date of Judgment:1988-08-07 Reported As: 1989 SCMR 287 Result: Petition dismissed

Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff against the dismissal of his civil revision by the High Court, which had arisen out of his suit for declaration regarding consolidation proceedings. ' The suit as dismissed. His appeal and civil revision also have been dismissed. He has now sought leave to appeal. The learned counsel has contended that the appellate and revisional judgments suffer from legal infirmity, and so far as the decision on the point of jurisdiction is concerned, it has wrongly been rendered against him. ' Learned counsel tried to show that, in the circumstances of this case, the Civil Court had jurisdiction in the consolidation matter brought before it. After hearing him, we do not agree. The points raised before the High Court and repeated before us are not such so as to attract the Civil Courts' jurisdiction. The petitioner was wrongly advised to file civil suit. The remedy (after the Board of Revenue) was to file a petition in the Constitutional jurisdiction of the High Court. However, it also properly decided the points of merits. Leave to appeal is, therefore, refused.

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