1987 PLP 785 (SCMR)
RAB NAWAZ‑ ‑Petitioner Versus Mst. MEHR SAWAI and others Respondents
| Citation | 1987 PLP 785 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | RAB NAWAZ‑ ‑Petitioner Versus Mst. MEHR SAWAI and others Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1987 PLP 785 (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 1987 PLP 785 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan 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 785 (SCMR) (RAB NAWAZ‑ ‑Petitioner Versus Mst. MEHR SAWAI and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Abul Aasim Jafari, Advocate‑on‑Record for Petitioner.
- Date of hearing: 10th February, 1987.
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Lahore, dated 8‑12‑1986 passed in Civil Revision No. 2341 of 1986). ‑‑‑O. XIV, R.1 & S.115‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Issues, framing of‑‑Issue on a question of fact framed but not contested by petitioner‑defendant and decided against him by Trial Court‑‑Such issue not pressed before Appellate Court‑‑High Court, in its revisional jurisdiction, not permitting to contest finding on said issue for same having been given up before lower Courts‑‑No justification made out to revive before Supreme Court such issue which was one of fact‑‑Petition for leave to appeal dismissed. Nemo for the State
Judgment & Decree
Date of hearing: 10th February, 1987. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from judgment, dated 8‑12‑1986 of the Lahore High Court; whereby petitioner's civil revision arising out of a case of inheritance, was dismissed. Sultan Ali Shah was the husband of Mst. Mehr Sawai respondent No. 1 and Mst. Murid Fatima respondent No.2. Mst. Sawai sued Mst. Murid Fatima and other heirs of Sultan Ali Shah for obtaining her share in the suit property as one of the heirs of Sultan Ali Shah. The suit was decreed. The first appeal and revision of Rab Nawaz petitioner who claims to be a successor‑in‑interest from heirs of Sultan, has now sought leave to appeal. Learned counsel for the petitioner has pressed issue No. 7 which reads as follows:‑ "Whether the suit property and other property of Sultan Ali Shah deceased had already been partitioned and the parties are in possession of it according to their respective shares? O.P.D." The learned trial Court made the following observation on this issue:‑ "The defendants on whose instance this issue was framed have not contested the suit and hence the issue is decided against them." In the First Appellate Court also this issue was not pressed on behalf of the petitioner. The observation of the learned First Appellate Court in para. 6 of its judgment is that only the decision of the trial Court on issues Nos. 3, 4, 5 and 6 was assailed during the arguments in appeal. In the High Court in its revisional jurisdiction, the petitioner was not permitted to contest the finding on issue No. 7 as it had been given up before the lower Courts. In the aforenoticed position, no justification has been made out by the learned counsel for the petitioner to revive at this stage before this Court, issue No. 7 which is one of facts. Accordingly, we find no force in this petition and the same, is dismissed. S.Q. /R‑6/S Petition dismissed