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Civil Petition for Special Leave to Appeal No. 352 of 1967, decided on 25th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 20th June 1967, in Letters Patent Appeal No. 656 of 1966).
Art. 98‑Successive petitions Earlier petition filed by mother during minority of petitioner dismis sed‑Mother not proved guilty of any negligence‑Second petition by son on his reaching majority, held, rightly not entertained by High Court.
S. M. Almas Ali, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 25th October 1967.
‑A writ petition filed by Muhammad Ayab and others in the High Court, was dismissed on the ground that an earlier writ petition filed on their behalf by their mother, during the minority of the petitioners, had been dismissed on the merits by the High Court. Muhammad Ayub out of the petitioners has now become a major an] moved fresh writ petition on the ground that his mother had not properly conducted the proceedings on the or vinous writ petition. This contention was not accepted by the High Court as correct. On the contrary, it was found that Vie guardian of the minors was not proved to be guilty of any negligence in the matter. She bad engaged a Counsel and had pursued the petition right up to an appeal to the Letters Patent Bench. Even a review petition had been filed in the High Court which had failed. These circumstances justified the view taken by the High Court in the present case and Mr. Almas Ali, on behalf of the petitioners, was unable to suggest any sound reason for differing from that view.
The petition is dismissed.
Leave refused.
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