Case Details

Citation(s)
1996 SLG 208 1996 SLD 208 1996 SCMR 1051
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.852-L of 1995, decision dated: 15-01-1996.On appeal from judgment of Lahore High Court, Lahore dated 8-5-1995, passed in C.R. 724 of 1995
MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Rana Abdul Rahim Khan, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Petitioners. Sher Zaman, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for
Respondents

Mst. BASHIRAN BIBI and others

VS

HIDAYATULLAH and others

Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXIII, R. 1 & O.VII, R. 11---Constitution of Pakistan (1973), Art. 185(3)---Female land owner transferring substantial portion of her property in favour of her son and grandsons from that son by way of gift and sales---Three daughters of female alienor suing their brothers and nephews to claim their share of landed property---During pendency of suit; compromise was effected between the parties whereby plaintiffs withdrew their suit on basis of compromise but did not seek permission of Court to file fresh suit---Suit was dismissed as withdrawn---Plaintiff's subsequent suits in second and third round were found to be devoid of any fresh cause of action---Validity---Plaintiffs (petitioners) had been concurrently found to have withdrawn their claim without any reservation and further that for very cogent reasons, second application for withdrawal of suit containing the condition to approach the Court if they were not obliged was consistently found to be a spurious addition to the record---Trial Court on such hypothesis, found and it was duly affirmed by Appellate Court that petitioners (plaintiffs) were devoid of any fresh cause of action---High Court had rightly not entertained plaintiff's revision against concurrent findings of Courts below--­Concurrent findings of Courts below were based on correct appraisal and interpretation of oral as well as documentary evidence---Entire evidence in its proper context would sustain concurrent findings rendered by two Courts below and of High Court on the propositions involved which were primarily of facts--­Leave to appeal was refused in circumstances. Ghulam Ali v. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This petition for-special leave to appeal arises from the judgment of a learned Single Judge of Lahore High Court, Lahore dated 8-5-1995, dismissing Civil Revision No.724 of 1995 in limine. 2. The litigation between the parties has a chequered history. Mst. Maryam, mother of petitioners/respondent No. l got huge evacuee property allotted in village Mandhiala Tegha, Tehsil and District Gujranwala. She had been survived by three daughters,…
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