Law:

Section:

Civil Procedure Code (V of 1908)--S.10---Transfer of Property Act (IV of 1882), S.54---Stay of suit--- Deferral of decision by Trial Court on issue relating to stay of appellant's suit ---Effect--­Execution of sale-deeds in respect of same property in favour of two separate sets of vendees---Contesting respondents and appellant filing separate suits on basis of their respective sale-deeds---Trial Court, without disposing of issue relating to stay of appellants' suit which had been filed later in point of time, proceeding to record evidence by tagging both suits---Trial Court at a very late stage when final was being recorded taking notice of said issue and directing stay of appellant's suit---Validity---Trial Court on account of deferral of its decision on the crucial issue (relating to stay of suit) to a very late stage had caused grave miscarriage of justice, leaving appellant in a state of uncertainty with regard to fate of his own suit---Had said issue been decided at the earliest as Trial Court ought to have done, appellant would have led all the evidence in the suit brought by contesting respondents---Trials Court not only framed issues on merit in appellant's suit but also recorded some evidence before tagging the file thereof with the suit of respondents---Conduct of proceedings in two suits by Trial Court was sufficient to give rise to belief in appellant's mind that trial of his suit might not be stayed---Appellant's appeal against stay of his suit being still pending before District Judge, case was remanded to that Court with direction that two appeals should be disposed of in accordance with law. ORDER SAAD SAOOD JAN, J.---This is a petition for special leave to appeal from the judgment dated 8-6-1991 of the Lahore High Court. It arises in the following circumstances:-- 2. The dispute between the parties relates to a house situate in Canal Park, Gulberg, Lahore. It was evacuee property and was transferred to Mst. Shehzadi Begum, respondent No.3. She obtained the Permanent Transfer Deed on 29-12-1976. To discharge the liabilities that she had incurred in paying the price of the house to the Settlement Department she obtained Rs.5,000 on 30-12-1976…

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