MUHAMMAD ASLAM And Others vs ATA MUHAMMAD And Other
This matter arises from civil petitions seeking leave to appeal against the orders of the Lahore High Court remanding cases to the Notified Officer for a fresh decision regarding whether certain Mukhbari applications were smuggled into the record or filed after the target date, and to subsequently pass an order on merits if competently filed. The core legal question concerns the propriety of a remand order directing the ascertainment of basic facts before adjudication on merits. The Supreme Court held that the petitioners could not legitimately grievance against a remand order aimed at verifying foundational facts. Consequently, the petitions were dismissed as being devoid of merit. The key principle laid down is that a party cannot validly challenge an order of remand that merely facilitates the correct ascertainment of crucial facts necessary for a lawful decision on merits.
- Can a party legitimately grievance against an order of remand passed by the High Court for the ascertainment of basic facts?
- Whether the Supreme Court will grant leave to appeal against a High Court remand order directing a Notified Officer to verify the authenticity and filing date of Mukhbari applications?
ORDER
ABDUL SHAKURUL SALAM, J.---This order will dispose of Civil Petitions Nos. 494 and 495 of 1987.
2. Petitioners seek leave to appeal against the orders dated 26-4-1987 of the learned Single Judge of the Lahore High Court in Writ Petitions Nos. 397-R of 1979 and 383-R of 1979 whereby the cases have been remanded to the Notified Officer for fresh decision to see whether the Mukhbari applications were smuggled into the record or were filed after the target date. In case it was found that the Mukhbari applications were competently filed and were pending before the repeal then the Notified Officer shall pass an order on merits in accordance with law. Petitioners seek leave to appeal.
3. In the circumstances of the case it is obvious that the petitioners cannot legitimately make a grievance against the remand order which has the effect of ascertaining basic facts. The petitions have no merit and arc, therefore, dismisses.