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2005 C.L.R. 49

Nazir Ahmed vs Falak Sher and 12 others

Citation2005 C.L.R. 49
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 2237-L of 2003
Date2004-02-18
Judge(s)Iftikhar Muhammad Chaudhry, Khalil-ur-Rehman Ramday, Mian
ResultLeave Appeal Refused

1. IFTIKHAR MUHAMMAD CHAUDHRY, J.-- This petition is filed against the concurrent findings of fact recorded by all three Courts below. The Trial Court passed a consent decree in the suit of specific performance filed by respondent No. 2 against the rest of the respondents vide order dated 9.9.1991 whereafter application filed by the petitioner under section 12(2), CPC for setting aside the said decree has been dismissed on 10.12.1995. Findings so recorded was maintained by the Additional District Judge, Multan in exercise of his revisional jurisdiction vide order dated 15.9.1999. The learned High Court after going through the concurrent findings of both the Courts below concurred with the same. The order of the learned High Court seems to be just and proper in the circumstance of case as it has attended to all the aspects emerging from the respective contentions of the parties' counsel, therefore, in suck like situation to interfere with the impugned judgment is not called for.

2. Thus for the foregoing reasons, this petition being devoid of merits is dismissed and leave refused. .

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