Pakistan Case Law
1986 SCMR 78(2)

Raja HUMAYUN KHAN vs HABIB BANK Ltd.

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Citation1986 SCMR 78(2)
CourtSupreme Court of Pakistan
Case No.Civil Miscellaneous Petition No. 356-R of 1985
Date1985-10-14
Judge(s)Aslam Riaz Hussain, S. A. Nusrat
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a civil miscellaneous petition filed as an appeal under Order V, Rule 3 of the Supreme Court Rules against the Registrar's refusal to entertain a petition. The core legal question concerns the propriety of the Registrar's refusal to entertain a petition filed under Article 186-A of the Constitution of Pakistan. The Supreme Court of Pakistan held that the Registrar rightly refused to entertain the petition as no ground was made out for interference in the order. The key principle laid down is that interference with the Registrar's refusal requires valid grounds establishing error or legal infirmity.

Questions settled in this judgment
  • Whether the Registrar is justified in refusing to entertain a petition under Article 186-A of the Constitution when no ground for interference is made out?
Laws & provisions referred
  • Article 186-A, Constitution of Pakistan 1973
Supreme Court RulesRegistrar refusalconstitutional petitioncivil miscellaneous petition

ORDER

1. ASLAM RIAZ HUSSAIN, ACTG. C.J.-- The Registrar has rightly refused to entertain the petition under Article 186-A of the Constitution. No ground is made out for interference in the order. Accordingly, the Civil Miscellaneous Petition which is an appeal under Order V, rule 3 of this Court's rules is dismissed.

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