Law:

Section:

(a) Limitation Act (IX of 1908)--S. 28 & Art. 144---Civil Procedure Code (V of 1908), 9. XXIII, R.1 & O. XLI, R. 33---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit on basis of adverse possession was decreed by Trial Court---High Court remanding case for decision on preliminary issues---Defendant challenging validity of remand order---Defendant claimed that there was no justification for remanding case to Trial Court for fresh decision on preliminary issue, for material before High Court was sufficient to finally dispose of controversy between parties---Defendant in support of his contention relied on O. XLI, R.33, C.P.C., and stressed that keeping in view circumstances of case, High Court should have decided issues involved in the case finally instead of remitting the same to Trial Court for fresh decision---Contention raised by defendant required examination---Leave to appeal ,was granted in circumstances. (b) Limitation Act (IX of 1908)--- ----S. 28 & Art. 144---Plaintiff during hearing of appeal stated that he wanted to withdraw the suit culminating into appeal before Supreme Court---Plaintiff was allowed to withdraw his suit unconditionally in terms of O.XXIII, R.1, C.P.C.---Suit filed by plaintiff (out of which appeal before Supreme Court had arisen) was dismissed and order of High Court was also set aside. Appellant in person. Basharatullah, Advocate Supreme Court with Muhammad Riaz, Advocate-on-Record for Respondent. Date of hearing: 9th December, 1997. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The respondent instituted Suit No.72 of 1992 before the Senior Civil Judge, Quetta, seeking declaration that being in adverse possession of bungalow, working tube well and land bearing Khasra Nos.458, 458/1 and 2, 470, 472/1, 474, 469, 472 and 473 measuring 81, 785 sq. feet situated in Ward No.24, Mauza Urban City, Circle and Tehsil Qeutta, (hereinafter to be referred as 'the suit property' only) for the last 21 years has acquired prescriptive title over the suit property. 2. The suit was resisted by the petitioner who besides raising number of preliminary legal objections to the maintainability of the suit, contended before the trial Court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492