SH. RIAZ AHMAD, C.J.-- Lave to appeal is sought against the order dated 15.4.2002 passed by the learned Single Judge of the Lahore High Court, Lahore whereby Constitutional petition filed by the petitioner assailing the order of the Additional District Judge, Bhalwal was dismissed.
2. The facts of the case are that the petitioner instituted a suit for partition of the joint property and during the pendency of the said suit respondents Nos. 3 and 4 also filed another suit. Both the suits were consolidated and decided by the Trial Court through a common judgment dated 19.4.1995 whereby the suit filed by the respondents was decreed and the petitioner's suit was dismissed. The said order was assailed by the petitioner before the learned Additional District Judge, Bhalwal, by filing civil revision, which was dismissed vide judgment dated 15.5.1996. Constitutional jurisdiction of the Lahore High Court was invoked but the petition was dismissed vide order impugned .
3. It is contended by the learned counsel for the petitioner that the Trial Court's order was- challengeable in appeal before the District Judge but the counsel of the petitioner had mistakenly filed a civil, revision, which should have been treated as an appeal.
4. Having heard the learned counsel and perused the judgment impugned, we are of the view that no exception can be taken to the findings arrived at by the High Court. Unfortunately, no application was moved in this behalf to convert the aforesaid revision into appeal. Review petition filed by the petitioner was also dismissed because there was no error in the judgment of the High Court as the High Court has already held that such an order cannot be challenged by invoking Constitutional jurisdiction of the High Court and thus the writ petition was not maintainable. This petition is, therefore, dismissed and leave refused.