1993 PLP 2122 (SCMR)
HOSHIAR ALI KHAN‑‑‑Petitioner Versus GHULAM SABIR and others‑‑‑Respondents
| Citation | 1993 PLP 2122 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Shakurul Salam and Sajjad Ali Shah, JJ |
| Parties | HOSHIAR ALI KHAN‑‑‑Petitioner Versus GHULAM SABIR and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 2122 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 2122 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Shakurul Salam and Sajjad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 2122 (SCMR) (HOSHIAR ALI KHAN‑‑‑Petitioner Versus GHULAM SABIR and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdul Waahid instructed by S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 31st March, 1993.
Headnotes / Summary
(On appeal from the judgment dated 6‑6‑1992 of the Lahore High Court, Lahore passed in Civil Revision No. 1345 of 1983). ‑‑‑‑S. 11‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Two rival suits were consolidated and disposed of by single judgment whereby petitioner's suit was dismissed and that of respondent was decreed‑‑‑Petitioner's appeal and revision were dismissed on the ground that he had not challenged the decree passed in favour of respondent vide consolidated judgment‑‑‑Leave to appeal was granted to consider petitioner's contention that he had filed joint appeal where it was prayed for setting aside judgment and decree and for decreeing his suit and dismissal of respondent's suit.
Judgment & Decree
ABDUL SHAKURUL SALAM, J.‑‑‑Petitioner seeks leave to appeal against an order of a learned Judge of the Lahore High Court, Lahore in Civil Revision No. 1345 of 1983 dated 6‑6‑1992.
1. Relevant facts are that the petitioner and respondent No.1 filed declaratory suits which were consolidated and disposed of by a single judgment by the learned Civil Judge, Mandi Bahauddin, District Gujrat vide judgment and decree dated 12‑4‑1981 whereby the petitioner's suit was dismissed and that of respondent No.1 was decreed. The petitioner filed an appeal which was dismissed by the learned Additional District Judge, vide judgment and decree dated 7‑6‑1983. He filed a revision petition which had also been dismissed on the ground that the petitioner had not challenged the decree passed in favour of the respondent vide the consolidated judgment.
2. Contention of the learned counsel for the petitioner is that the petitioner had filed joint appeal as would appear from its title at page 47 of the Paper Book, where it was prayed for setting aside the judgment and decree and for decreeing of the suit of the appellant and dismissal of the suit of respondent No.1 with costs of both the Courts. He also relies on "Siraj Din and 11 others v. Rajada" (1992 SCMR 979).
3. To consider the contention leave to appeal is granted. Interim order dated 24‑6‑1992 to continue. AA./H‑171/S Leave granted.