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1989 SCMR 1209

KHAN MUHAMMAD and another vs MUHAMMAD RAMZAN and another

Citation1989 SCMR 1209
CourtSupreme Court of Pakistan
Case No.Civil Petition No,686 of 1983
Date1988-08-15
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--A civil revision filed by the petitioners' side (rival pre-emptors) was dismissed by the High Court for non-prosecution. A restoration application was also dismissed in default. However, on another application the restoration order having been passed, the petitioners again committed default; and, the case ended once more for non-prosecution. Again the petitioners submitted another restoration application which having been dismissed, leave to appeal has now been sought.

2. The learned Judge in the High Court has dealt with the question of restoration in the background of the repeated defaults in such a manner that we have not been able to find any justification for grant of leave to appeal. On merits also, the petitioners have a weak case.

3. ' Leave to appeal is, accordingly, refused.

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