Law:

Section:

(a) Civil Procedure Code (V of 19013)------OXXII, R.4---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider, whether in the circumstances of the case, High Court was right in coming to the conclusion that abatement of appeal was total and not partial. P L D 1965 SC 651 ref. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2 [as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]---Suits for the annulment of alienations based on customary law, at whatever stage, stood abated on the conforcement of Ordinance XIII of 1983, if certain conditions were fulfilled---Where suit was remanded to Trial Court, and remand order, as a result of dismissal of appellant's second appeal by High Court, held field, appeal before Supreme Court would not be competent per force the amending Ordinance XIII of 1983. P L D 1965 SC 651 ref. The Federation of Pakistan v. Muhammad Ishaq and another P L D 1983 S C 273 and Abdul Ghafoor and others v. Muhammad Shari and others P L D 1985 S C 407 rel. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.---This appeal through leave of the Court is directed against the judgment dated 10-3-1975; of the Lahore High Court, Lahore; whereby Regular Second Appeal against an order of remand was dismissed. Brief facts and the point noted for examination at the stage of granting leave to appeal on 28th October, 1980 are as follows:---- "The facts giving rise to this petition are that the petitioners-plaintiffs filed a suit for declaration that they were the owners of the land in dispute by virtue of a gift made in their favour by the donor, their father and subsequent sale executed by him in favour of respondents-defendants Fateh Muhammad and Noor Muhammad was illegal and void and in the alternative the same was void as against custom and want of legal necessity. The suit was decreed on 10-3-1961. In appeal the learned appellate Court reversed the decree on the ground of lack of pecuniary jurisdiction in the trial Court and remanded the case to the trial Court for framing comprehensive issues including an issue on suit evaluation. No fording was given by the…

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