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ASADULLAH KHAN vs MUSLIM COMMERCIAL BANK LTD — 2022 SCMR 2034 SUPREME-COURT

Case information

Citation
2022 SCMR 2034 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ASADULLAH KHAN vs MUSLIM COMMERCIAL BANK LTD
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ASADULLAH KHAN VS MUSLIM COMMERCIAL BANK LTD. arts. 185(2)(d), 185(2)(e) & 185(3)---Civil appeal filed under article 185(2)(d) of the Constitution challenging only one portion of the judgment of the High Court and not challenging the other portion favouring the appellant---Maintainability---Portion of the judgment of the High Court which varied the judgment of the lower court was in favour of the appellant and that portion was not challenged by the appellant rather appellant had challenged a portion of the judgment of the High Court as well as the two fora below whereby his claim was concurrently dismissed by all the two fora below, therefore, the appeal filed by the appellant under article 185(2)(d) was not competent; he was required to file a Petition for Leave to appeal under article 185(3)---By way of impugned judgment the High Court had varied or set-aside the part of judgment, decree or final order of the court immediately below---appellant had only impugned that part of the judgment of the High Court which dismissed the claim of the appellant in the Regular First appeal (RFa)---Therefore, the present Civil appeal under article 185(2)(d) of the Constitution was not competent and the appellant was required to file a Civil Petition for Leave to appeal under article 185(3) of the Constitution---appeal was dismissed.

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