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1987 SCMR 1626

RAB NAWAZ And Another vs MUHAMMAD ABDULLAH And Other

Citation1987 SCMR 1626
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 280 of 1987 Writ Petition No.
Date1987-06-14
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultLeave refused

ORDER

SAAD SAOOD JAN, J.--The petitioners seek leave to appeal from the order of the learned Single Judge of the Lahore High Court dismissing their writ petition from an order of remand made by the District Judge.

2. After hearing the learned counsel we are unable to disagree with the learned Single Judge that ordinarily the High Court should not in constitutional jurisdiction interfere in pending civil litigation.

The petitioners apprehend that the trial Court would not record a finding in respect of their objection based on section 32 of the Arbitration Act and that it might also, perhaps, overlook the decision of this Court in Badri Narayan Agarwala v. Pak Jute Balers Limited PLD 1970 SC 43. This apprehension is entirely unfounded. The learned Single Judge has already observed that the principles of law enunciated by this Court are binding upon all Courts in Pakistan. In the order of remand made by the learned District Judge the Trial Court has been directed to decide all issues including the one about which the petitioners are so concerned. In the circumstances no case for interference by this Court has been made out. This petition is accordingly dismissed.

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