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FAZAL MUHAMMAD versus ABDUR RASHID


Article 3 (3 ()) is neither the point to be raised nor is the petition for leave of appeal stated that it has been raised in this way but has not been considered by the High Court.

1975 S C M R 251

Present : Salahuddin Ahmed and Muhammad Afzal Cheema, JJ

FAZAL MUHAMMAD‑Petitioner

versus

ABDUR RASHID AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 612 of 1974, decided on 13th November 1974.

(On appeal from the order of the Lahore High Court dated the 14th March 1974, in Review Application No. 65 of 1973 and order dated the 5th November 1973, in Writ Petition ‑R of 1965).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3)‑Point neither raised be are High Court nor stated in petition for leave to a appeal to have been so raised but not con sidered by High Court‑Not permitted to teed b for a Supreme Court.

Muhammad Hanif Khan Awan, Advocate Supreme Court instructed by Wajid Hussain, Advocate‑on‑Record for Petitioner.

Muhammad Hassan, Advocate Supreme court instructed by Maqboob Ahmad, Advocate‑on‑ Record for Respondents Nos. 1‑6.

Nemo for Respondents Nos. 7 and 8.

Date of hearing ;13th November 1974.

ORDER

SALAHUDDIN AHMED, J.

‑This petition is from the order of a learned Single Judge of the Lahore High Court refusing to review his previous order allowing a writ petition

It has been contended before us that the learned angle Judge has not considered certain documents favouring the petitioner's case. This point does not appear to have been raised before the learned Single Judge. It has not been stated in this petition that although this point was raised, it was not considered by the learned Judge. We cannot, therefore, permit the petitioner to raise the point before us for the first time.

The next contention is that the learned Judge has misread certain documents. Only two cases of such misreading were placed before the learned Judge and they were rejected. The learned Judge quoted facts in support of This is not a fit case for interference The petition is dismissed.

Petition dismissed,

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