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Civil Petition for Special Leave to Appeal No. 808 of 1979, decided on 17th March, 1986.
(From the judgment/order of Lahore High Court, Lahore, dated 1‑8‑1979 passed in Regular Second Appeal No. 683 of 1979).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), Ss. 100 & 115‑‑Second appeal filed by petitioner before High Court against a revisional order passed under S.115, Civil Procedure Code, by a District Court‑‑Second appeal being not available, High Court dismissing same as incompetent‑ Impugned order being unexceptionable, leave to appeal refused.
Mian Saeedur Rehman Farrukh, Advocate Supreme Court with Sheikh Salah‑ud‑Din Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 17th March, 1986.
‑Leave to appeal has been sought from judgment, dated 1‑8‑1979 of the Lahore High Court; whereby a Regular Second Appeal filed by the petitioners was dismissed as incompetent. On merits also some observations were made indicating that there was no force in the appeal.
2. Learned counsel has frankly conceded that the appeal was filed I against a revisional order passed under section 115 of C.P.C. by al District Court. That being so, no second appeal was competent before the High Court. We, therefore, dismiss this petition on question of jurisdiction alone and refuse to grant leave to appeal. With regard to the merits, if petitioners are so advised, they may seek remedy with the Consolidation Authorities, if otherwise, they have a good ease.
M.Y.H. Appeal refused.
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