1983 PLP 1250 (SCMR)
YASIN AND OTHERS-Petitioners Versus Mst. HUSSAIN BIBI (REPRESENTED BY LEGAL HEIRS)
| Citation | 1983 PLP 1250 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | YASIN AND OTHERS-Petitioners Versus Mst. HUSSAIN BIBI (REPRESENTED BY LEGAL HEIRS) |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 1250 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 1250 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1250 (SCMR) (YASIN AND OTHERS-Petitioners Versus Mst. HUSSAIN BIBI (REPRESENTED BY LEGAL HEIRS)). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nisar Ahmad, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
- Abid Hassan Minto, Advocate Supreme Court with Masood Akhtar, Advocate-on-Record for Respondents,
- Date of hearing : 10th April, 1983.
- Mian Nisar Ahmad, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
- Abid Hassan Minto, Advocate Supreme Court with Masood Akhtar, Advocate‑on‑Record for Respondents,
Headnotes / Summary
(Against the judgments and decrees of the Lahore High Court, Lahore, dated 28th February, 1981 passed in R. S. A. Nos. 369/66 and 376/66).
Art. 185 (3)-Petition for leave to appeal-Succession-Petitioner not raising plea before High Court nor took up same position when respondent led evidence before trial Court-.Supreme Court did not permit petitioner to urge said plea at leave to appeal stage- Petition dismissed.
Judgment & Decree
Mian Nisar Ahmad, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners. Abid Hassan Minto, Advocate Supreme Court with Masood Akhtar, Advocate‑on‑Record for Respondents, Date of hearing : 10th April, 1983. ASLAM RIAZ HUSSAIN, J.‑This order shall dispose of two Petitions (Nos. 565 and 566 of 1981) directed against the judgments of the High Courts, dated 28‑2‑1981, dismissing R. S. As. filed by the petitioners in inheritance matter.
2. We have heard the learned counsel for the petitioners at length. The case relates to the succession under the Shariat Law to the life interest of Mst. Hussain Bibi widow of Fateh Din, by his collaterals, in the land left by Fateh Din. According to the petitioners counsel the matter hinges on whether or not Hassan the son of the said Fateh Din had pre‑deceased him. He submitted although evidence was led on this question by the plaintiff‑respondent but the latter should not have been permitted by the trial Court to lead evidence on the point as it did not arise out of the pleadings of the parties. He, however, admitted that he did not raise this plea before the High Court nor did the petitioners take up this position when the respondents led their evidence before the trial Court In view of these circumstances we cannot permit the petitioner to urge the said ground at this stage. Both the petitions are consequently dismissed. M. Z. M. Petitions dismissed.