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1985 SCMR 1223(2)

AMIR And Another vs SARDAR AHMAD

Citation1985 SCMR 1223(2)
CourtSupreme Court of Pakistan
Case No.Criminal Revision No. 1501 of 1984 Civil Petition for Special Leave to Appeal
Date1985-02-16
Judge(s)Aslam Riaz Hussain, Shafi-ur-Rehman
ResultI.

ORDER

ASLAM RIAZ HUSSAIN, J.--This petition is directed against the judgment of the High Court, dated 29-10-1984, dismissing petitioner's civil revision.

2. Facts, briefly, are that Sardar Ahmad, respondent, filed a suit for possession of a piece of land against the present petitioner on the ground that the latter had encroached upon it. The suit was resisted and issues were framed. Sardar Ahmad respondent-plaintiff adduced his evidence and Amir and Bashir defendant /petitioners were then required to produce their evidence on 17-4-1984, but they ailed to do so. There defence was, therefore, closed under Order XVII, rule 3, C . P. C . And the suit was decreed on the basis of the evidence led by Sardar Ahmad plaintiff-respondent. The petitioners filed an appeal against the judgment of the trial Court which was dismissed by the District Judge' on 10-9-1984. The petitioners then filed a civil revision before the High Court which was dismissed vide the impugned judgment.

Feeling aggrieved they have filed the present petition for leave to appeal.

3. We have heard the learned counsel for the petitioners and gone through the impugned judgment. He has not been able to show any flaw in the impugned judgment and we are of the view that on the A facts as apparent from the record the High Court was justified in dismissing petitioners' civil revision.

This petition is, therefore, dismissed being without merit.

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