| Citation(s) |
|---|
| 1974 SLG 271 1974 SLD 271 1974 PLD 22 |
Supreme Court of Pakistan
Civil Appeal-No. 245 of 1969, decision dated: 22nd October 1973. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 16th April 1965, in R. S. A. No. 20 of 1964)
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND SOLAHUDDIN AHMED, JJ
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Civil Appeal-No. 245 of 1969, decision dated: 22nd October 1973. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 16th April 1965, in R. S. A. No. 20 of 1964)
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND SOLAHUDDIN AHMED, JJ
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NAZAR MUHAMMAD AND ANOTHER
VS
Mst. SHAHZADA BEGUM AND ANOTHER
Law:
Section:
(a) Limitation Act (IX of 1908).--- S. 5-Limitation-Delay, condonation of-Mistaken advice by counsel may be considered sufficient ground for condonation. Kumar Raiendra Bahadur Singh v. Rai Raieshwar Bali and others A I R 1937 P C 276 ref. (b) Civil Procedure Code (V of 190$) 5. 100-Second appeal-Finding of fact arrived at by Court below on evidence misread and misinterpreted-Court of second appeal entitled to review evidence. Durga Chowdhrani v. Jawahir Singh Chowdhry I L R 18 Cal. 23 ; Ramgopal and another v. Shams Khatoon and others I L R 20 Cal. 93 ; Ravi Veraraghavalu and others v. B. Venkata Narasima Naidu A I R 1914 P C 87 ; Venkata Kumara Mahipati Suryarao Bahadur Garu v. Secretary of State A I R 1929 P C 152 ; Ramji Patel v. Rao Kishore Singh A I R 1929 P C 190 ; Midnapur Zamindari Co. Ltd. v. Secretary of State A I R 1929 P C 286 ; Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38 ; Karamxt Ali and another v. Mu.hamnad Yutus Haji and others P L D 1963 S C 191 ; Pathana v. Mst. Wasai anal another P L D 1965 S C 134 and Deity Pattabhirarnaswa;ny v. S. Hanymxyya and others A I R 1959 S C 57 considered. Mst. Fatima v. Khuda Bux P L D 1959 Lah. 826 ref. (c) Muhammadan Law Divorce-Inheritance-Husband paralytic and on his death-bed Woman entitled to inheritance from his estate if he dies prior to expiration of her period of iddat.. Ballie's Digest of Muhammadan Law, Part II, p. 341 ; Hedaya by Charles Hamilton, 2nd Edn., Ch. V, p. 99 and Ameer Ali on Muhammadan Law by Raja Said Akbar, p. 453 ref. Mahmud Ali Qasuri, Senior Advocate Supreme Court instructed by Ijaz Ahmad Khan, Advocate-on-Record for Appellants. Raja Muhammad Anwar, Senior Advocate Supreme Court instructed by Syed Inayat Hussain, Advocate-on-Record for Respondents. Date of hearing : 22nd October 1973. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in R. S. A. No. 20 of 1964, dated the 16th April 1965. By this judgment, the appeal of the respondents was accepted. The dispute between the 'parties is in respect of agricultural land measuring about 240 kanals and several shops, houses, a…
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