Whether a petition for leave to appeal against a common judgment of the High Court must fail when a connected petition arising from the same judgment has already been dismissed by the Supreme Court?

1988 SCMR 556

JALA Versus MEMBER (COLONIES), BOARD OF REVENUE, 'PUNJAB, LAHORE

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Citation1988 SCMR 556

CourtSupreme Court of Pakistan

Case No.Civil Petition No.1302 of 1980

Date1988-02-22

Judge(s)Nasim Hasan Shah and Saad Saood Jan, J-

Authored byNasim Hasan Shah

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court as a petition for leave to appeal directed against an order of the Lahore High Court passed on 27 July 1980 in a writ petition. The core legal question involves the correctness of the High Court's judgment concerning revenue matters, which was previously examined by this Court in a connected matter. The Supreme Court holds that since the challenge mounted to the correctness of the impugned High Court order was already found to be infirm and dismissed in a previously reported judgment involving the same common judgment, the instant petition cannot succeed either. Consequently, the Court dismisses the petition for leave to appeal, following the precedent set in the earlier connected case.

Questions settled in this judgment

Whether a petition for leave to appeal against a common judgment of the High Court must fail when a connected petition arising from the same judgment has already been dismissed by the Supreme Court?

petition for leave to appealrevenue matterwrit petitionboard of revenueSupreme Court of Pakistan

ORDER

1. NASIM HASAN SHAH, J. --This petition for leave is directed against the order of a learned Single Judge of the Lahore High Court passed on 27-7-1980 in Writ Petition No.6874 of 1979. This writ petition was heard alongwith Writ Petition No.1355 of 1979, Writ Petition No.1356 of 1979 and Writ Petition No.4923 of 1979, as common questions of law were involved in all these writ petitions and all of them were disposed of by a common judgment.

2. It appears that a petition for leave was filed in this Court against the order passed in Writ Petition No.1355 of 1979, namely, Civil Petition No.1214 of 1980. This came up for hearing before a Bench of this Court (consisting of Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.) on 14-10-1980. Somehow, the present petition for leave, namely, Civil Petition No.1302 of 1980 was not put up by the office alongwith the above-mentioned Civil Petition No.1214 of 1980, although both were directed against the same judgment of the High Court.

3. Be that as it may, Civil Petition No.1214 of 1980 has been dismissed by a detailed order and the same is reported as Khuda Bakhsh v. Member (Colonies), Board of Revenue and others 1981 SCMR 1134.

4. As this petition calls in question the same order of the High Court, it cannot succeed in view of our judgment in Khuda Bakhsh's case 1981 S C M R 1134, wherein the challenge mounted to the correctness of this order was found to be infirm.

5. The upshot is that this petition also fails and is dismissed hereby.

6. M.I. /J-17/S Petition dismissed.