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LALAN BIBI versus GHULAM ZOHRAN


Section (Civil) (Pro) was read with the Civil Procedure Code (vs. 1908). Section 100 is currently the hearing of the current investigation of the case by a fact finding by the court and the First Appeal Court High Court applied in the High Limit Order. Second appeal dismissed on appeal - Court upheld and denied leave to appeal

1983 S C M R 364

Present : Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ

Mst. LALAN BIBI‑Petitioner

versus

Mst. GHULAM ZOHRAN AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 22/R of 1982, decided on 10th October 1982:

(Against the judgment of the Lahore High Court, dated 16‑11‑1981. passed in R. S. A. No. 180 of 1981).

Constitution of Pakistan (1973)‑

‑‑Art. 185 (3) read with Civil Procedure Code (V of 1908). S. 100 Concurrent finding of fact‑Case standing concluded by concurrent ‑finding of fact by trial Court and First Appellate Court‑High Court on such ground dismissing second appeal of petitioner in limine‑Order of High Court upheld and leave to appeal refused.

Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for‑Respondents.

Date of hearing: 10th October, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

The petitioner seeks leave to appeal against the dismissal in limine on 16‑4‑1982 of his R. S. A., by a Single Judge of the Lahore High Court.

2. We have heard the learned counsel for the petitioner and gone. through the impugned judgment. We are inclined to agree with the view taken by the learned High Court that the case had been concluded by a concurrent finding of fact by the learned Trial Court and the learned First Appellate Court.

The petition is, therefore, dismissed as being without merit.

Petition dismissed.

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