| Citation(s) |
|---|
| 2005 SLG 1200 2005 SLD 1200 2005 SCMR 733 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.483/L of 2003, decision dated: 8-04-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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Civil Petition for Leave to Appeal No.483/L of 2003, decision dated: 8-04-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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NOOR AKBAR through SARDARAN MAI and others
VS
. Mst. GULLAN BIBI
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Constitution of Pakistan (1973), Art.185(3)---Revision admitted for regular hearing by High Court---Dismissal for non-prosecution---Concurrent findings of fact by the Courts below---Contention of the petitioner was that his revision having been admitted for regular hearing by High Court, could not have been dismissed for non-prosecution---Validity---Order of the High Court reflected that even on last date nobody was present from the petitioner's side---No illegality had been committed by High Court in deciding the civil revision on merits. (b) Islamic Law--- ----Gift---Execution---Registration---Validity---Execution of gift and its registration had been substantiated through confidence inspiring evidence produced by the respondent---Question of fact had been determined by the two Courts below after scanning the entire evidence and the same had been upheld by High Court by advancing cogent reasons---Leave to appeal was refused. Ch. Ihsan-ul-Haq Bhatti, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 8th April, 2003. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment dated 6-1-2003 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Civil Revision No.93/D of 1999 filed by the petitioners. 2. We need not give the detailed facts of the case as the same have been elaborately discussed in the impugned judgments. Suffice it to say that the petitioner filed a declaratory suit taking exception to the gift deed registered on 2-9-1990 by Muhammad Adil in favour of his wife, Mst. Gullan Bibi (respondent). Issues were framed and the parties led their evidence. The learned Civil Judge 1st Class, Jhang, through his judgment, dated 30-10-1996 dismissed the suit. The petitioners filed an appeal assailing the above judgment, which was dismissed by the…
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