Case Details

Citation(s)
1991 SLG 553 1991 SLD 553 1991 PLD 803
Supreme Court of Pakistan
Civil Appeal No.67-P of 1987, decision dated: 6-05-1991
MUHAMMAD AFZAL ZULLAH, CJ AND MUHAMMAD AFZAL LONE, J
M. Shah Badshah, Advocate Supreme Court (absent) and Z. Mahfooz Khan, Advocate-on-Record for Appellant. Qazi Atiqur Rehman, Advocate Supreme Court No. 1.
Respondent No. 2 (deleted). Abdul Hamid Qureshi, Advocate-on-Record No. 3.

ANAR GUL

VS

GULFAM and another

Law:

Section:

(a) Land Reforms Regulation, 1972 [M.L.R.115]------ Para. 25(3)(d) --- North-West Frontier Province Pre-emption Act (XIV of 1950),S.4 --- Civil Procedure Code (V of 1908), S.115 --- Revision --- Rejection of revision of vendee by High Court on the touchstone of a decision by the erstwhile Shariat Appellate Bench of High Court in the case of Haji Naimat Ullah and another v. Government of Pakistan through Ministry of Law PLD 1979 Pesh. 104 was not sustainable as that decision of Shariat Appellate Bench of High Court stood suspended on the filing of appeal before Shariat Appellate Bench of Supreme Court --- Counsel for all the parties had also realised that revision was liable to be accepted on that point alone --- Counsel of the parties entered into an agreement and also stated that instead of remanding case to High Court wherefrom the case could possibly be remanded to District Court, appeal might be accepted which would save the parties from further torture of litigation in the case --- Supreme Court appreciated the sentiments and concern expressed by the counsel for their clients and accordingly accepted the appeal in terms of the agreement reached between the parties. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 ref (b) Supreme Court Rules, 1980-- ---- 0. XXIII, R.6---Constitution of Pakistan (1973), Art.191 --- Supreme Court-­ Practice and procedure --- Appeal --- Members of the Bar Association present in the Court at the time of hearing of the case had offered that if required by the Supreme Court, they would in future submit, as a part of point noted index prescribed by the Court an agreed statement of facts signed by the counsel for both the sides --- Supreme Court ordered the Registrar of the Court to examine the question further vis-a-vis, the existing state of Rules of the Supreme Court--­ Supreme Court while appreciating the feeling of the Bar, however, desired that the office of the Court and members of the Bar may also make suggestions for similar agreed statements to the extent possible in matters other than civil matters which might be considered and adopted if the experiment regarding civil matters succeeded. JUDGMENT MUHAMMAD…
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