It is a consistent view of this Court that in cases where factual controversies are involved, Constitution petition in the High Court is not the proper remedy,

In this regard reference is made to the judgment reported as Muhammad Younus Khan and 12 others Vs. Government of N.W.F.P through Secretary, Forest and Agriculture, Peshawar and others (1993 SCMR 618) wherein Hon’ble Supreme Court held as under:-- 

"It is a consistent view of this Court that in cases where factual controversies are involved, Constitution petition in the High Court is not the proper remedy, Reference can be made to PLD 1980 SC 139, 1980 SCMR 933, 1981 SCMR 291, 1989 SCMR 918 and PLD 1991 SC 476.”

Part of Judgment : 
IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.
WP- Family Law
21213-14
2014 LHC 6331

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