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MUHAMMAD ISMAIL versus WADHO AKBARO TRUST


Article 185 (3) of the Civil Procedure Code (v. 1908), section 115 of the High Court, refusing to exercise the jurisdiction and the revised jurisdiction over the facts
1986 S C M R 1672

Present: Abdul Kadir Shaikh and S.A. Nusrat, JJ

Haji MUHAMMAD ISMAIL and others‑‑Petitioners

versus

WADHO AKHARO TRUST‑‑Respondent

Civil Petition for Leave to Appeal No. 40‑K of 1985, decided on 16th February, 1986.

(On appeal from the judgment and order of the Sind High Court, Karachi, dated 10‑12‑1984 in C . R . A. No. 189 of 1982) .

Constitution at Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), S.115‑‑Order of High Court refusing to exercise revisional jurisdiction unexceptionable in law and on facts‑‑Leave to appeal against such order refused.

Muhammad Ali Shaikh, Advocate Supreme Court for Petitioners.

Muzaffar Hassan, Advocate‑on‑Record for Respondent.

Date of hearing: 16th February, 1986.

ORDER

ABDUL KADIR. SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court, dated 10‑12‑1984 dismissing a revision application filed by the petitioners whereby they challenged judgment and decree passed by the trial Court which was upheld on appeal by the District Judge, Thatta.

After hearing the learned counsel for the petitioner in support of the appeal was find that no exception in law or on facts can be taken with the learned Judge in the High Court in refusing to exercise the revisional jurisdiction of the High Court. The petition is, therefore, dismissed.

M . Y . H . Petition dismissed.

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