1988 SCMR 1966

KHAIR DIN Versus MUHAMMAD AFZAL

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Citation1988 SCMR 1966

CourtSupreme Court of Pakistan

Case No.Civil Petition No.243 of 1982

Date1988-07-31

Judge(s)Muhammad Afzal Zullah and Javid Iqbal

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by a plaintiff against the dismissal of his civil revision in canal management case. The petitioner having failed before the canal authorities regarding a change of outlet, filed a civil suit, which was dismissed. His appeal and civil revision having also been dismissed, he has now sought leave to appeal.

2. The learned counsel has contended that an earlier application filed from the respondent's side, was rejected. Subsequent application for the same purpose as such was barred by law. Same plea was raised before the High Court, which was repelled with the observation that no certified copy of the relevant order regarding the earlier rejection having been produced by the petitioner, his plea was not entertainable.

3. The learned counsel after some arguments failed to satisfy u: that the plea raised from the petitioner's side could succeed without the production of relevant documents before the Court concerned. Thus, leave to appeal is refused.

4. M.I./K‑73/S Petition dismissed.