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GUL REHMAN versus MUHAMMAD YAQOOB KHAN


Article 2 (185 ()) Application for Reasoning on Aspects of Fact

1984 S C M R 1018

Present : Muhammad Afzal Zullah and M. S. H. Quasishi, JJ

GUL REHMAN AND OTHERS‑Petitioners

Versus

MUHAMMAD YAQOOB KHAN AMD OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 265‑P of 1983, decided on 20th February, 1984.

(On appeal from the judgment of Peshawar High Court, dated 6th November, 1983, in Civil Revision No. 45 of 1982).

Constitution of Pakistan (1973)‑

--Art. 185(3)‑Petition raising arguments regarding factual aspects No point of law worth examination involved‑Findings in favour of respondent not suffering from any infirmity‑Leave to appeal refused.

Abdul Samad Khan, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 20th February, 1984.

ORDER

MUHAMMAD AFZAL ZULLAH, J.

‑Leave to appeal has been sought from judgment, dated 6‑11‑1963 for the Peshawar High Court ; whereby the petitioners' Civil Revision (against the order of a civil Court setting aside an ex parte decree earlier passed in petitioners' favour) was dis missed.

After affording due opportunity to the petitioners the learned trial Judge found as a fact, that the defendants‑judgment‑debtors were not in the fault and that sufficient cause had been shown for setting aside the ex parte decree.

Learned counsel for the petitioners raised arguments regarding factual aspects. No point of law worth examination by this Court is involved. The findings in favour of the respondents do not suffer from any infirmity. This petition is dismissed,

Petition dismissed

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