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1980 SCMR 573

AMANULLAH vs ABDUL GHANI AND ANOTHER

Citation1980 SCMR 573
CourtSupreme Court of Pakistan
Case No.Civil Miscellaneous No, 178-R of 1979 in Civil Petition for Special Leave to
Date1980-02-12
Judge(s)Sheikh Anwarul Haq, Muhammad Afzal Zullah, Muhammad Haleem
ResultPetition dismissed

ORDER

1. ' ANWARUL HAQ, C. J.-This miscellaneous application seeks a rehearing of Petition for Special Leave to Appeal No, 945 of 1976, which was dismissed as withdrawn by this Court on the 26th of June, 1979, with the following order :- "The counsel for the parties present along with their clients, state that the parties have arrived at a settlement and they do not want to prosecute this case any further. Thus pray for its withdrawal."

2. ' It is submitted that the opposite-party has resiled from the settlement, which had led to the withdrawal of this petition, and, therefore, It is necessary that the case be re-heard on merits.

3. The application is clearly misconceived, as the petition for leave to appeal was dismissed on the prayer of the petitioner. And in the presence of both the parties. If the opposite-party has now resiled from the settlement previously arrived at, the petitioner may have other legal remedy open to him, but this circumstance would not justify a recall of the consent order made by this Court on the 26th of June, 1979.

4. ' This application is, accordingly, dismissed.

Cited by 4 cases

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