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1989 SCMR 2028(1)

Syed SAABAT HUSSAIN KIRMANI and others vs Mst. KANEEZ FATIMA

Citation1989 SCMR 2028(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 1200 of 1981
Date1988-07-20
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs' side in a suit for declaration, against the dismissal of their Civil Revision by the High Court.

2. ' The petitioners' suit was dismissed by the trial Court for the lack of evidence. Despite several opportunities by allowing adjournments, no evidence was produced. The appellate Court and the High Court having upheld the decision of the trial Court, leave to appeal has now been sought.

3. A learned Judge in the High Court examined the record and came to the conclusion that enough indulgence had been shown to the plaintiffs/petitioners side for producing evidence. Thus the petitioners themselves were at fault.

4. ' After hearing the learned counsel on merits also, we feel that the petitioners have a weak case.

5. Leave to appeal accordingly is refused.

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