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1992 CLC 1452

MUHAMMAD ARSHAD vs MUHAMMAD SIDDIQUE

Citation1992 CLC 1452
CourtLahore High Court
Case No.Writ Petition No, 2340 of 1991
Date1991-03-30
Judge(s)Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

1. ' The petitioner has filed this Constitutional petition making grievance that Muhammad Siddique respondent in a clandestine manner without bringing the true facts of the case into the notice of Mr. Muhammad Shafique Bhatti, learned Civil Judge, Faisalabad, succeeded in securing an illegal order by which ex parte decree dated 15-3-1984 was set aside by the order of the learned Civil Judge on 29-1-1986. It is the petitioner's case that this order was challenged in the High Court and the same was set at naught. Thereafter he approached the learned Civil Court at Faisalabad and Mr. Muhammad Yousuf Aujla, learned Civil Judge, had decreed the suit in the light of the decision of this Court on 29-6-1989. Respondent No,2 has filed an appeal against the order dated 29-6-1989 which is pending adjudication before Mr. Ehsan Ahmad, learned Addl. District Judge, Faisalabad.

2. ' Petitioner has challenged the action of respondent No,1 whereby matter is now pending adjudication in an appeal before the learned Addl. District Judge. Petitioner, who has entered appearance in person, has not appended the decision of the High Court or for that matter the ex parte decree dated 15-3-1984 or order dated 29th January, 1986. After going through the contents of the writ petition and hearing the petitioner, I am of the view that the present petition appears to be premature. In that eventuality this writ petition is not maintainable. Petitioner may raise all these points taken by him in this writ petition before the learned Appellate court at Faisalabad where the matter is pending adjudication. Accordingly, this petition is dismissed in limine.

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