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MUHAMMAD ASLAM versus MIR AFZAL ALIAS MIR AFSAR


Article 2 (185 (Question)) should be upheld by the Court, which is already fixed by the court and refuses to drop the appeal against the petitioner's merit against such decision.

1984 S C M R 1050

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

MUHAMMAD ASLAM AND ANOTHER‑Petitioners

Versus

MIR AFZAL alias MIR AFSAR AN

Civil Petition for Leave to Appeal No. 492‑R .of 1983, decided on 12th November, 1983.

(On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 3‑5‑1983 in C. R. No. 107 of 1983 and C. M. No. 326/C of 1983).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3)‑Question sought to be agitated standing already decided by Court and such decision going against petitioner's main plea on merits‑Leave to appeal refused.

Abdul Ghafoor and others v. Muhammad Ismail P L D 1982 S C 364 ref.

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

Nemo for Respondents.

Date of hearing : 13th November, 1983.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑

The question sought to be agitated in this petition admittedly stands already decided by this Court in Abdul Ghafoor and others v. Muhammad Ismail (P L D 1982 S C 364), which goes against petitioner's plain plea on merits. That being so, no useful purpose would be served proceeding any further in the matter. It is not a fit case for grant of leave to appeal.

This petition is dismissed.

S. Q Petition dismissed.

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