1988 SCMR 1976

MUHAMMAD NAWAZ Versus REHMAT BIBI

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Citation1988 SCMR 1976

CourtSupreme Court of Pakistan

Case No.Civil Petition No.65 of 1982

Date1988-07-30

Judge(s)Muhammad Afzal Zullah and Javid Iqbal

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ The defendants in a suit have called in question the dismissal of their writ petition by the High Court on the technical question of the summoning of their witnesses. The petitioners had earlier come to the High Court in respect of the same subject‑matter and their writ petition was dismissed. This time, it has been held by the High Court that the basic order which went against the petitioners passed on 25th May, 1980, having remained intact in the field, the petitioners could not succeed in the writ petition in the second round. It is not denied that the writ jurisdiction of the High Court is discretionary.

2. After hearing the learned counsel for the petitioners, we are satisfied that the refusal to exercise discretion in favour of the petitioners by the High Court, was unexceptional.

3. Leave to appeal, accordingly, is refused.

4. M.I. /M‑569/S Petition dismissed.