| Citation(s) |
|---|
| 1992 SLG 1112 1992 SLD 1112 1992 CLC 2433 |
Lahore High Court
FA.O. No. 9 of 1984/BWP, decided on 16th March, 1992. dates of hearing: 8th and 9th March, 1992
MIAN ALLAH NAWAZ, J
Aejaz Ahmad for Appellants. S.M. Anwar Shah for
Respondents
FA.O. No. 9 of 1984/BWP, decided on 16th March, 1992. dates of hearing: 8th and 9th March, 1992
MIAN ALLAH NAWAZ, J
Aejaz Ahmad for Appellants. S.M. Anwar Shah for
Respondents
RAHIM BAKHSH and 2 others
VS
ALLAH JIWAYA and others
Law:
Section:
(a) Deed of exchange--- ---- Evidentiary value of written documents --- Written documents which had been executed without tinge of fraud and compulsion were entitled to great respect, in order to confer security on human dealings --- Where on mere allegation of persons interested in destroying a transaction, same was destroyed, faith of people in the sanctity of written agreements would be shaken, and there would be no assurance to the parties to the agreement that it would survive baseless attacks and would remain effective and it would be tyranny to the people if they were made to live in a state of affairs under which solemn human dealings were deprived of security of survival.--Contract Act (IX of 1872), S.2 (h). Faqir Shah and others v. Khalo Khan and others PLD 1951 Pesh. 14; Bhai Khan v. Faizullah Khan AIR 1935 Pesh. 191, Darwesh and another v. Khuda Dad through Legal Heirs PLD 1987 Lah. 123; Gul Muhammad v. Sabz Ali Khan and others AIR 1919 Lah. 127; Mcgha Ram v. Makhan Lal (1912) 13 IC 667 and Ali Muhammad v. Malik Sanwal and others PLD 1961 (W.P.) Pesh. 62 rel. (b) Civil Procedure Code (V of 1908)-- ---- O.XLI, Rr. 23, 23-A & 25 --- Remand --- Order of remand which was not covered either by R. 23 or 25 of 0.XLl, C.P.C. would be covered by R. 23-A, of O.Y.LT, Civil Procedure Code, 1908, where Appellate Court while passing the order of remand had disposed of appeal finally. Mst. Khando and others v. Yousaf and others PLD 1982 Pesh. 151; Amir AbduWah etc. v. HaOm Abdul Rahim Khan NLR 1979 Civil 45; Mst. Nooran and another v. Shah Muhammad alias Shahu PLD 1968 Lah. 433; Ahmad Yar and another v. Muhammad Aslam 1981 CLC 527 and Haji Said Muhammad Karam Shah v. Noor Ilahi Khan and another PLD 1962 (W.P.) Pesh. 44 ref. Nazir Ahmed v. Dr. TaJ Mahal Begum AIR 1940 Lah. 63; Kishan Singh v. Bachan Singh and others AIR 1942 Lah. 201 and Karim Bakhsh v. Qadir Bakhsh and another PLD 1954 Lah. 228 rel. (c) Pre-emption--- ---- Right of --- Right of pre-emption is not a right of repurchase but simply a right of substitution, entitling pre-emptor by reason of a legal incident to which the sale itself was subject, to stand in the shoes of vendee in respect of all theβ¦
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