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KARIM DAD versus SARFRAZ KHAN


Article 3 (Act) Evidence Act (I of 1872), Section 18 Admitting Agent Petitioner After admitting his arguments before the High Court, was admitted, held, deliberately Questions about accuracy or more questions about such admissions, which may be held further, are challenged before the Supreme Court leave to refuse an appeal [advice and client]

1984 SCMR 157(1)

Present : Muhammad Haleem, Actg. C. J., Aslam Riaz Hussain,

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

KARIM DAD‑Petitioner

Versus

SARFRAZ KHAN‑Respondent

Civil Petition No. 525‑R of 1983, decided on 22nd November, 1933.

(From the order of the Lahore High Court, Rawalpindi Bench, dated 14th June, 1983 passed in Regular Second Appeal No. 91 of 1983).

Constitution of Pakistan (1973)‑--

----Art. 185(3)‑Evidence Act (I of 1872), S. 18‑Admission by agent Petitioner's counsel making admission after having addressed his arguments before High Court‑Admission, held, deliberate‑Question of correctness or otherwise of such admission, held further, cannot be challenged before Supreme Court‑Leave to appeal refused‑[Counsel and client].

Ch. Abdur Rehman, Senior Advocate Supreme Court instructed by Ch. Akhtar All, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 22nd November, 1983.

ORDER

M. S. H. QURAISHI, J.‑

The petitioner's second appeal was dismissed in limine by a Rawalpindi Bench of the Lahore High Court for the reason that no question of pre‑emption arose as by the admission made by the petitioner's own counsel there had been no actual sale of ownership rights but only an assignment of occupancy rights.

2. Learned counsel questions the correctness of the concession made by the petitioner's counsel before the High Court. The impugned order shows that the petitioner's counsel had made the admission after having addressed his arguments before the Court. The admission was, therefore deliberate. In any case, the question of correctness or otherwise of the admission made by the petitioner's counsel cannot be challenged here. The petition is dismissed.

M. Z. M. Petition dismissed.

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