1989SCMR160 (PLP)
Mian MUHAMMAD BASHIR and another — Petitioners Versus NOOR HUSSAIN — Respondent
| Citation | 1989SCMR160 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah ; Javid 1qbal and Saad Saood Jan, ii |
| Parties | Mian MUHAMMAD BASHIR and another — Petitioners Versus NOOR HUSSAIN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR160 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR160 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah ; Javid 1qbal and Saad Saood Jan, ii.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR160 (PLP) (Mian MUHAMMAD BASHIR and another — Petitioners Versus NOOR HUSSAIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record (absent) for Petitioners.
- Nemo for Respondent.
- Date of hearing: 9th May, 1988.
- Ch. Muhammad Ashraf, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record (absent) for Petitioners.
Headnotes / Summary
(On appeal from the Judgment dated 4th May, 1981 of the Lahore High Court, Lahore, passed in F.A.O.No. 132/78). --Art. 185(3)--Supreme Court Rules, 1980, O. XXXIII, R. 6--Petition for leave to appeal Petitioners first appeal had not been heard on merits on account of one or the other technical hurdle--Leave to appeal granted to examine, inter alia, question as to whether the law could not help petitioners so far as their one right of first appeal was concerned--Application of petitioners submitted, under O. XXXIII, R. 6 of Supreme Court Rules, 1980 for additional ground, allowed by Supreme Court to form part of main petition.
Judgment & Decree
‑‑Art. 185(3)‑‑Supreme Court Rules, 1980, O. XXXIII, R. 6‑‑Petition for leave to appeal Petitioners first appeal had not been heard on merits on account of one or the other technical hurdle‑‑Leave to appeal granted to examine, inter alia, question as to whether the law could not help petitioners so far as their one right of first appeal was concerned‑‑Application of petitioners submitted, under O. XXXIII, R. 6 of Supreme Court Rules, 1980 for additional ground, allowed by Supreme Court to form part of main petition. Ch. Muhammad Ashraf, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record (absent) for Petitioners. Nemo for Respondent. Date of hearing: 9th May, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑The petitioners have submitted additional grounds by way of an application under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980 with our permission. The same shall be read as part of the main petition which, as amended, has also been filed with the application. It is vendees' petition in a pre‑emption matter.
2. After hearing the learned counsel in support of this petition, we consider it a fit case for examination, inter alia, of the question as to whether the law or any Provision does not help the petitioners in so far as their one right of first appeal is concerned. Admittedly their said appeal has not been heard on merits on account of one or the other technical hurdle.
3. We accordingly grant leave to appeal. Security Rs. 5,000 to be deposited within three weeks. The appeal shall be prepared on the present record with liberty to the parties to file additional documents. It shall be fixed fur hearing before the long vacations. M.Y.H./M‑009/S Leave granted.