The Petitioner Rab Nawaz has moved this Constitutional petition praying therein that the judgment and decree dated 1-9-1985 passed by respondent No.2 may be set aside by declaring it to have been passed without lawful authority and further the judgment and decree passed by the learned Judge Family Court, Bhakkar, dated 31-3-1985 be restored.
2. The case in brief is that the petitioner/ plaintiff instituted a suit for restitution of conjugal rights against respondent No.l, which was decreed by the learned Judge Family Court vide his judgment dated 31-3-1985. The respondent No.l Mst. Kanizan went in appeal, which was heard and accepted by learned respondent No. 2 on 1-9,1985.
3.Learned counsel for the petitioner has contended that there was absolutely no justification for the learned Additional District Judge, Bhakkar, to accept the appeal of respondent No.l. The learned counsel for respondent No.l has submitted that the learned appellate Court has considered the evidence and finding on facts has been given by the learned Court. I have heard the learned counsel for the parties and have perused the record. The learned counsel for the petitioner has not been able to point out any legal infirmity much less jurisdictional defect in the impugned judgment dated 1-9-1985 passed by the learned Additional District Judge. The learned appellate Court has considered the points raised and argued by the parties and thereafter he has given his findings thereon: The learned counsel for the petitioner has not pointed out as to what evidence has not been considered by the appellate Court while accepting the appeal of respondent No.l. On the contrary I am of the view that entire evidence of the parties has been considered and he has arrived at a correct decision. In consequence there is no substance in the petition, which is accordingly dismissed leaving the parties to bear their own costs.