1987 PLP 840 (SCMR)
SAID MUHAMMAD and others‑‑Petitioners Versus ABDUL MAJID and another‑‑Respondents
| Citation | 1987 PLP 840 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | SAID MUHAMMAD and others‑‑Petitioners Versus ABDUL MAJID and another‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 840 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 840 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 840 (SCMR) (SAID MUHAMMAD and others‑‑Petitioners Versus ABDUL MAJID and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Pasha Chaudhary, Advocate Supreme Court instructed by Mahmood Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd March, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore, dated 2611987 in Civil Revision No. 2465 of 1985). ‑‑‑Art. 185 (3)‑‑‑Petition for leave to appeal‑‑Dispute between parties in earlier suit standing concluded by special oath taken by predecessor- in‑interest of petitioners‑‑Decree passed in such suit could be appealed against if same was not in accordance with terms of oath‑‑Fresh suit, held, was not maintainable‑‑Petition dismissed.
Judgment & Decree
‑‑‑Art. 185 (3)‑‑‑Petition for leave to appeal‑‑Dispute between parties in earlier suit standing concluded by special oath taken by predecessor- in‑interest of petitioners‑‑Decree passed in such suit could be appealed against if same was not in accordance with terms of oath‑‑Fresh suit, held, was not maintainable‑‑Petition dismissed. Zafar Pasha Chaudhary, Advocate Supreme Court instructed by Mahmood Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd March, 1987. SAAD SAOOD JAN, J‑‑ This is a petition for special leave to appeal from the order dated 26‑1‑1987 of the Lahore High Court, dismissing the revision petition preferred by the petitioners. 2.We find that in an earlier suit the dispute between the parties stood concluded by the special oath taken by Noor Din, predecessor‑in interest of the petitioners. If the decree passed by the trial Court in that suit was not in accordance with the terms upon which the oath was taken it was open to the petitioners to prefer an appeal. The present suit was clearly not maintainable. Thus, this is not a fit case where leave to appeal should be granted to the petitioners. Dismissed. S.D.G. /S‑15/S Petition dismissed.