Case Details

Citation(s)
1995 SLG 533 1995 SLD 533 1995 SCMR 189
Supreme Court of Pakistan
Civil Petition No. 155 L of 1993, decision dated: 2-05-1994.
ABDUL QADEER CHAUDHRY AND SALEEM AKHTAR, JJ
S.M. Tayyub, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate on-Record. Nemo

MUHAMMAD ANWAR and another

VS

MUHAMMAD AFZAL and others

Law:

Section:

Punjab Pre emotion Act (I of 1913) S.15 Constitution of Pakistan (1973), Art. 185(3) Pre emotion suit No decree was passed in favour of plaintiffs before the target date viz. 31 7 1986, therefore, no decree could have been passed after that date Plaintiffs plea that dismissal of suit would also amount to decree, therefore, plaintiffs could not be non suited had no weight Legal position had been settled by Supreme Court in Rozi Khans case 1992 SCMR 445, whereby no decree in a suit for pre emotion could be passed in a case where no decree had been passed before the target date viz. 31 7 1986', petition for leave to appeal dismissed in circumstances. Rozi Khan v. Karim Shah 1992 SCMR 445 rel. JUDGMENT ABDUL QADEER CHAUDHRY, J: The petitioners seek leave to appeal against the judgment of the High Court dated 20 12 1992. 2. The petitioners filed a suit for pre emotion which was dismissed on 12 12 1984. The appeal filed by them was also…
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