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1990 SCMR 479

Haji MURAD ALI and 12 others vs MEMBER (CONSOLIDATION), BOARD OF

Citation1990 SCMR 479
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 256 of 1985
Date1989-03-15
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a consolidation matter, against the dismissal by the High Court, of petitioners' Intra-Court Appeal as incompetent.

2. After hearing the learned counsel we consider it a fit case for grant of leave to appeal inter alia, to examine; whether, in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision would an Intra- Court Appeal aginst the dismissal of that party's writ petition, be not competent. Learned counsel states that there is no decided case on this question and it is one of first impression. This and other related questions would require examination. Accordingly subject to the question of limitation vis- a-vis the dismissal of the petitioners' writ petition, we grant leave to appeal.

3. ' Security Rs,5,000.

4. ' The appeal shall he prepared on the present record with direction to the parties to file all additional documents which would he necessary for disposal of appeal.

5. ' Notice to the respondents' side in the stay application. It shall be fixed before any learned Judge in Chambers. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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