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1986 SCMR 1381

FAIZ MUHAMMAD And Others vs MUHAMMAD FEROZE And Another

Citation1986 SCMR 1381
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 808 of 1979 Regular Second
Date1986-03-16
Judge(s)Muhammad Afzal Zullah, Aslam Riaz Hussain
ResultAppeal refused

ORDER

MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 1-8-1979 of the Lahore High Court; whereby a Regular Second Appeal filed by the petitioners was dismissed as incompetent. On merits also some observations were made indicating that there was no force in the appeal.

2. Learned counsel has frankly conceded that the appeal was filed I against a revisional order passed under section 115 of C.P.C. By al District Court. That being so, no second appeal was competent before the High Court. We, therefore, dismiss this petition on question of jurisdiction alone and refuse to grant leave to appeal. With regard to the merits, if petitioners are so advised, they may seek remedy with the Consolidation Authorities, if otherwise, they have a good ease.

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