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YAHYA BAKHTIAR versus SHAUKAT ALI


The AXXVII dispute failed to submit the petitioner's money, which was not required by the office before the petition was entertained, neither the money was deposited nor the applicant was determined to consider the petition on merit or not. The dispute raised in the proceedings is appropriate, which can be resolved by the court and therefore cannot be resolved by the court. Capable

1986 S C M R 1062

Present: Muhammad Haleem, C.J. Muhammad Afzal Zullah, Nasim Hassan Shah, Shafiur Rahman and Zaffar Hussain Mirza, JJ

YAHYA BAKHTIAR‑‑Petitioner

versus

Shaikh SHAUKAT ALI and others‑‑Respondents

Original Petition No. 5‑R of 1986, decided on 1st March, 1986.

Supreme Court Rules, 1980‑‑

‑‑‑O.XXVII‑‑Contempt‑‑Petitioner failing to deposit amount which was imperative before petition could be entertained by office‑‑Neither amount deposited nor petitioner appearing on date fixed for considering petition on merits‑‑Dispute raised in proceedings not appropriate justiciable issue to be resolved by Court‑‑Petition disposed as not entertain-able.

Nemo for Petitioner.

Respondent No.l in person.

Nemo for the remaining Respondents.

Date of hearing: 1st March, 1986.

ORDER

MUHAMMAD HALEEM, C.J.

‑‑There was an office objection that the petitioner had not deposited Rs.500 which was imperative before the petition could be entertained by the office. This matter and also the matter on merits was fixed in Court for orders. Neither the petitioner is present nor has the amount been deposited. Moreover, we do not consider the dispute raised in these proceedings to be an appropriate issue to be resolved by this Court.

Accordingly, the petition is disposed of as not being entertainable.

M. Y. H. Petition dismissed.

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