Case Details

Citation(s)
1991 SLG 1466 1991 SLD 1466 1991 SCMR 1942
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.15 of 1987, decision dated: 30-08-1989(On appeal from the judgment, dated 27-10-1986 of the Lahore High Court, Multan Bench, in Civil Revision No.558 of 1986)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ

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MUHAMMAD EISA and 6 others

KHAIRUDDIN

Law:

Section:

Constitution of Pakistan (1973)--Art.185(3)---Plea raised by petitioner at later stage before Supreme Court was not pressed by him before High Court---Findings concurrently rendered by three Courts below on question of fact raised by petitioner earlier, being unexceptionable, leave to appeal, merited dismissal especially when plea raised at later stage before Supreme Court did not merit consideration. ORDER MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought by the plaintiffs' side; against the dismissal by the High Court, of their Civil Revision. It had arisen out of a suit for cancellation of sale­deed. Muhammad Aslam, predecessor-in-interest of the petitioners, had challenged the sale-deed alleged to have been executed by him in favour of the respondent on the ground that it was tainted with fraud and was also without consideration. The plaintiff's side having failed before all the three Courts below have now sought leave to appeal. It is not denied that the controversy relates to findings of fact which have been concurrently rendered against the petitioners by the learned Courts below. Realising this the learned counsel contended that the question of minority of Muhammad Aslam, petitioners' predecessor-in-interest and the so-called admission made by his father Muhammad Siddique, have not been properly dealt with. The impugned…
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