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Civil Petition for Special Leave to Appeal No. 201‑F of 1982, decided on 23rd November, 1982.
(Against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 13‑1 I‑1982 in Civil Revision No. 258‑D of 1980).
of Pakistan (1973)‑
‑‑ Art. 185(3)‑Leave to appeal‑Petitioner alleging to have filed form for allotment of a house in 1959 but taking action in respect of same after 14 years when house disposed of by public auction is 1973 His appeal and inordinately delayed constitutional petition challenging auction also ,dismissed‑Petitioner's civil suit, appeal and revision also dismissed‑Contention that constitutional petition having been dismissed in limine and only on ground of ]aches civil suit could not be barred‑Petitioners' conduct, held, disentitled him to any relief.
Khawaja Muhammad Farooq, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 23rd November, 1982.
‑The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 13‑11‑1982 whereby a civil revision petition filed against the dismissal of the suit and its affirmance in first appeal was dismissed.
The petitioner claimed to have filed in 1959 KNCH form for the transfer of House AA‑1158 Mohallah Akalgarh Rawalpindi. He took action in respect of it after fourteen years when the house was disposed of in public auction on 2 ‑1‑1973. His appeal and inordinately delayed constitutional petition challenging the auction failed. He then filed a civil suit which was dismissed. So was the appeal and revision.
The learned counsel for the petitioner submitted that as the constitutional petition was dismissed in limine and only on the ground of laches, a civil suit was not barred.
The conduct of the petitioner disentitled him to any relief. For the same reason we do not consider it a fit case for grant of leave to appeal. The petition is dismissed.
Petition dismissed.
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