| Citation(s) |
|---|
| 1989 SLG 1979 1989 SLD 1979 1989 SCMR 1938 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.84 of 1984, decision dated: 8-11-1988.(On appeal from the judgment and order of the Lahore High Court, Lahore passed in R.S.A. No.293 of 1982 dated 21-12-1982)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No.84 of 1984, decision dated: 8-11-1988.(On appeal from the judgment and order of the Lahore High Court, Lahore passed in R.S.A. No.293 of 1982 dated 21-12-1982)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
Mst. SARDARAN BIBI and others
VS
ISLAM KHAN and others
Law:
Section:
Punjab Pre-emption Act (I of 1913)----S.15--Constitution of Pakistan (1973), Art. 185(3)--Limitation--High Court did not consider the point of limitation which was abandoned in the lower Appellate Court--Point of law involved in the case had been resolved by Supreme Court in Allah Yar Khan v. Mst. Sardar Bibi and others 1986 S C M R 1957--Leave to appeal refused. Allah Yar Khan v. Mst. Sardar Bibi and others 1986 S C M R 1957 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendee side in a suit for pre-emption against the dismissal by the High Court of their regular second appeal. The impugned order reads as follow:- "This R.S.A. arises out of the judgment dated 10-10-1982 of the learned Additioal District Judge Sialkot in a pre-emption suit. The only question urged by the learned counsel for the appellants in this appeal is that the suit was barred by time. Learned Additional District Judge Sialkot failed to advert to this aspect of the matter notwithstanding the fact that it was specially taken in the memorandum of appeal as well as argued by Malik amjad Pervaiz Advocate before theβ¦
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