| Citation(s) |
|---|
| 1984 SLG 1019 1984 SLD 1019 1984 SCMR 1539 |
Supreme Court of Pakistan
Civil Petition No. 986 of 1983, decision dated: 8-02-1984 (From the Order, dated 6-4-1983 of the Lahore High Court passed in Civil Miscellaneous Petition No. 1734/C/83 in Civil Revision No. 284/1) of 1983)
NASIM HASAN SHAH AND M.S.H. QURAISHI, JJ
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Civil Petition No. 986 of 1983, decision dated: 8-02-1984 (From the Order, dated 6-4-1983 of the Lahore High Court passed in Civil Miscellaneous Petition No. 1734/C/83 in Civil Revision No. 284/1) of 1983)
NASIM HASAN SHAH AND M.S.H. QURAISHI, JJ
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GHULAM HAIDER
VS
. MUHAMMAD RASHID---Respondent
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S.115--Revision-Permission sought for incorporating new pleas amounting to review of order whereby revision admitted on a limited question and implying dismissal of petition on all other grounds--No application for such review filed nor order challenged--Held, case not a fit one for grant of leave to appeal--Petition dismissed. Chaudhry Abdul Razzaq, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Petitioner. M.A.Zafar, Advocate Supreme Court instructed by Ch. Muhammad Aslam, Advocate-on-Record for Respondent. Date of hearing: 8th February, 1984. ORDER M.S.H QURAISHI, J.-- The petitioner had filed a suit to pre-empt a transaction of land which though according to the entry of the mutation was a gift but according to the petitioner, a sale and as such pre-emptible. The suit was decreed but on appeal the decree was set aside upon the view that the transaction was not proved to be in the nature of a sale. Aggrieved, the petitioner filed a civil revision before the High Court which came up before a learned Single Judge on 21-3-1983 and as the petitioner's counsel confined the petition only to the question of the correctness of the finding of the appellate Court that the respondent was a son of the petitioner, the revision petition was admitted to a full hearing to consider the said question only Later, however, the petitioner moved a miscellaneous application (C.M 1734/C/1983) stating that the grounds of the revision read been drafted in haste and important pleas of law…
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