Pakistan Case Lawโ† Search
1989 SCMR 1091

MUHAMMAD ANWAR BIRLAS vs MUHAMMAD ISMAIL BHATTI

Citation1989 SCMR 1091
CourtSupreme Court of Pakistan
Case No.Civil Petition No,382 of 1984
Date1988-09-12
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave to appeal refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--This is a defendant's petition for leave to appeal, against the dismissal by the High Court of his Civil Revision. It had arisen out of an application for setting aside an ex parte money decree passed against him.

2. ' The learned Judge in the High Court has given findings against the petitioner both on the question of limitation as also insufficiency of cause. Learned counsel has raised arguments in support of this petition both on the question of limitation as also the sufficiency of cause.

3. Although, it might be possible to ultimately hold that the petitioner's application was not time- barred yet it would not be possible to set aside the findings of fact that the petitioner had failed to satisfy the conditions with regard to the "sufficiency of cause". The observations of the High Court in this behalf being in the field of findings of fact and also being unexceptionable, leave to appeal is refused. Otherwise too, after hearing the learned counsel on the question regarding petitioner's liability to pay the loan obtained on a promissory note, we do not deem it a fit case for examination on merits either.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch