Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Pakistan Citizenship Act (II of 1951), S. 3(a)--Civil Procedure Code (V of 1908), S. 100--Leave to appeal granted to consider whether interference by High Court in a Second appeal on questions regarding appreciation of evidence was justified; and whether interpretation placed by High Court on provisions of S. 3 of Act (II of 1951) and rules made there under was also correct. ORDER ABDUL KADIR SHAIKH, J.--These two petitions arise out of two suits Nos. 275 of 1959 and 276 of 1949 filed by Naraindas petitioner in Civil Petition for Special Leave to Appeal No. K-145 of 1984 and his wife Nirmala Bai and his children petitioners in Civil Petition for Special Leave to Appeal No. K-146 of 1984 who sought declaration that they are citizens of Pakistan and respondents were restrained from removing them from the territories of Pakistan. The trial Court dismissed the suits, but on appeal the District Judge, Tharparkar reversed the findings of the trial Court and decreed the suits in favour of plaintiffs. Respondents then challenged the judgments and decrees of the First Appellate Court in Second Appeals before Sind High Court and these succeeded with the result that the judgments and decrees of the First Appellate Court were set aside and those passed by the trial Court were upheld. It is in these circumstances that the petitioners now seek leave to appeal. 2. Admittedly Naraindas petitioner was born in village Perumal Taluka and District Sanghar in 1927, and his wife and children were also born in Pakistan. All these persons were granted Pakistani domicile certificates. Naraindas petitioner had a Pakistani Passport but when he applied for its renewal in August, 1956 his request was refused. On the facts and circumstances proved in the case learned District Judge held that petitioners were citizens of Pakistan by virtue of section 3 (a) of Pakistan Citizenship Act. In this connection this is what he observed in the judgment:- "It is admitted that the appellant was born in village Perumal Taluka and District Sanghar (in the territory not including in Pakistan) and it is admitted that…

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