Case Details

Citation(s)
1991 SLG 980 1991 SLD 980 1991 SCMR 467
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 481-R of 1989, decision dated: 27-02-1990(On appeal from the judgment of the Peshawar High Court, Circuit Bench at Abbottabad, dated 27-5-1989 in C.R. No. 36 of 1983)
MUHAMMAD AFZAL ZULLAH, C.J. AND RUSTAM S. SIDHWA, J

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MUSHTAQ HUSSAIN SHAH and others

SIKANDAR

Law:

Section:

Civil Procedure Code (V of 1908)--O. XLI, R.25 --- Constitution of Pakistan (1973), Art. 185(3) --- Remand of case by High Court to Trial Court to enable parties to adduce further evidence in support of their claims and thereafter to decide the case afresh on merits--­Petitioners' plea against order of remand was that same did not specify what evidence was desired to be brought on record, or on what specific points, evidence should be produced at the trial --- Perusal of record did not make out a case for interference---Leave to appeal was refused in circumstances. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Mushtaq Hussain Shah and others seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 27-5-1989. 2. Mushtaq Hussain Shah and others petitioners Nos.1 to 9, who are heirs of Feroz Shah, brought a suit against Sikandar, respondent and Nazir Hussain Shah petitioner No.10, for declaration that the land bearing Khasra Nos.915, 917/1, 919, 922 and 917/2 measuring 7 Kanals situated in village Pharhala was owned by petitioners Nos.1 to 10, being heirs of Feroz Shah, and that Sikandar, respondent, was in possession of it as mortgagee and that Mutations Nos.2062, 2064 and 2065 all attested on 20-11-1965 were wrong, illegal and fraudulent as having been attested in the absence and without the consent of Feroz Shah. In the body of the plaint it was averred that the property in suit was…
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