Case Details

Citation(s)
2005 SLG 1191 2005 SLD 1191 2005 SCMR 664
Supreme Court of Pakistan
C.P.L.A. No.350-K of 2003, decision dated: 12-11-2004
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ

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Mst. SAT BHIRAI alias ALAM KHATOON and others

VS

. MUREED and others

Law:

Section:

Civil Procedure Code (V of 1908)------S. 115---Constitution of Pakistan (1973), Art.185(3)---Revision by High Court---Leave to appeal was granted in order to reappraise evidence and to consider whether revisional of High Court whereby concurrent findings of fact of two Courts were set aside, could be sustained where petitioners had alleged that there was misreading of evidence on the part of High Court. Mushtaq A. Memon, Advocate Supreme Court and K.A. Wahab Advocate-on-Record for Petitioners. Abdul Rahim Kazi, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Respondents. Date of hearing: 12th November, 2004. ORDER RANA BHAGWANDAS, J.--- Office has pointed out that the petition is barred by 29 days. In the application of enlargement of time, petitioners have explained that in fact judgment was announced on 21-3-2003 but it only bears the date of hearing 18-2-2003 and not the date of pronouncement. Application is supported by cause list of the High Court with endorsement of the Reader in token of allowing Civil Revision No.36 of 1989 on 21-3-2003. Reckoning the period of time from this date, petition is well within time. Consequently, office objection is repelled. 2. Petitioners seek leave to appeal against judgment of High Court of Sindh, Hyderabad Circuit dated 21-3-2003 passed in aforesaid civil revision setting aside concurrent findings of fact in Suit No.56 of 1980 filed by the petitioners for specific performance and permanent injunction in relation to the suit-land. 3. Dispute between the parties pertains to Survey Nos.573/2A, 572/3 and 597/4…
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