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ABDUL SATTAR versus RAZI HUSSAIN


The leave to appeal before Article 2 ((())), before the status quo code restoration order was approved by the state, proceeded further in one of the signatures, approved in both petitions. Holiday on appeal
1982 S C M R 370

Present :4, JJ

ABDUL SATTAR‑‑Petitioner

versus

Syed RAZI HUSSAIN ETC.‑Respondents

Civil Petitions for Special Leave to Appeal Nos. 551 and 552 of 1981, decided on 31st October, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 5th March, 1981, in C. R. 93/78 and 94ofi. 19781.

Constitution of Pakistan (1973)‑

----Art. 185 (3)‑Leave to appeal‑Supreme Court having earlier passed an order for maintenance of status quo acid stayed further proceeding in one of petitions in hand, leave to appeal granted in both petitions.

Ch. Muhammad Hassan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 31st October, 1981.

ORDER

KARAM ELAHEE CHAUHAN, J.

‑This order will cover Civil Petitions for Special Leave to Appeal Nos. 551/81 and 552/81.

2. Civil Petition for Special Leave to Appeal No. 551/81 came up for a stay matter on 6‑5‑1981, when the Court passed the following order: ‑

"Learned counsel submits that the High Court exceeded the scope of section 115, C. P. C. while upsetting the orders of the two lower Courts which did not suffer from any error of jurisdiction as con templated in the aforesaid section. Status quo and further proceeding stayed meanwhile. The petition should be put up for motion hearing immediately after vacations before any bench."

For the reasons given in the above order we grant leave to appeal. Security Rs. 2,000 in each case.

Leave granted.

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