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Constitutional Petition No. D-115 of 1987, decided on 14th April, 1987.
---Art.199--Civil Procedure Code (V of 1908), S.115--First revision dismissed as withdrawn--Competency to file second revision--Where first revision against interlocutory order was dismissed as withdrawn without permission to file fresh revision, second revision, held, could not be filed for impugning same order which was subject-matter of first revision petition--Second revision was rightly dismissed- Constitutional petition against dismissal of second revision being devoid of merit was dismissed in circumstances.
Munawwar Malik for Petitioners.
Naseem Farooqui and Abdul Rahim Kazi, A.A.-G. for Respondents.
Date of hearing: 13th April, 1987.
--This petition is directed against an order dated 18-1-1987 passed in Civil Revision No.79/86 dismissing the present petitioner's petition, inter alia, on the ground that since his Revision Application No.79/86 was dismissed as withdrawn the second revision was not competent.
It may be observed that the above aforesaid first revision was filed against the order dated 15-11-1986 whereby the learned Civil Judge had dismissed the petitioner's application under Order I, rule 10, C.P.C. and Order VII, rule 11, C P C which was filed in the suit No.1753/86 filed by the private respondent in the Court of Senior Civil Judge, Karachi, (South).
2. In support of his above petition it has been urged by Mr. Munawar Malik that since the firs, revision was withdrawn and it was not dismissed on merits the second revision .was competent. In our view, since the first revision was against an interlocutory order and as the same was dismissed as withdrawn without the permission to file fresh revision, the second revision could hot have been filed A for impugning the same order, which was the subject-matter of the first revision petition and, therefore, no exception can be taken to the impugned order dismissing the second revision. The petition is, therefore, dismissed with no order as to costs.
H. B.T./A-213/K Petition dismissed.
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