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Civil Petition for Special Leave to Appeal No. 382 of 1967, decided on 25th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 27th July 1967, in Writ Petition No. 634/R of 1967).
Art. 98‑Civil suit dismissed not on merits but on ground that civil Courts had no jurisdiction Question whether High Court in circumstance justified in refusing to entertain writ petition on ground that petitioner had previously agitated the matter byway of suit and had failed‑Special Leave to Appeal granted by Supreme Court to consider question.
Gul Muhammad Khan, Advocate Supreme Court instructed by Abdur Razzaq Raja, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 25th October 1967.
‑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.
Leave granted.
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