| Citation(s) |
|---|
| 1991 SLG 1038 1991 SLD 1038 1991 SCMR 776 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 12-R of 1989, decision dated: 27-03-1990(On appeal from the judgment dated 24-10-1988 of the Peshawar High Court, Peshawar, in Civil Revision No. 379 of 1987)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
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Civil Petition for Leave to Appeal No. 12-R of 1989, decision dated: 27-03-1990(On appeal from the judgment dated 24-10-1988 of the Peshawar High Court, Peshawar, in Civil Revision No. 379 of 1987)
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
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Mst. SANIA and others
Mst. ZARJANA and others
Law:
Section:
Civil Procedure Code (V of 1908)--O. IX, Rr. 8 & 9---Constitution of Pakistan (1973), Art. 185(3)---Suit for possession through partition of house was dismissed on account of dismissal of earlier similar suit---Petitioners contended that in a suit for partition cause of action being continuing one, second suit was not barred---Question raised requiring examination, leave to appeal was granted. Keesari Santamma v. Kanumatha Reddi Venkatarama Reddi and others AIR 1935 Mad. 909 ref. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by the plaintiffs' side; against the dismissal by the High Court, of their Civil Revision in a suit for possession through partition of a house. It was dismissed on account of the dismissal of an earlier similar suit under Order IX, Rule 8, C.P.C. The petitioners having failed…
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