1989 PLP 1754 (SCMR)
HABIB SULTAN Petitioner Versus ALLAH DITTA and others Respondents
| Citation | 1989 PLP 1754 (SCMR) |
| Forum / Court | ‑‑‑S.2‑A as added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)‑‑Civil Procedure Code (V of 1908). O.VII, R.11‑‑Custom (Punjab)‑‑Petitioner filed suit under Custom, challenging alienation as without consideration and legal necessity‑‑Plaint was rejected under O.VII, R.11, C.P.C‑‑Held, notwithstanding the fact that the petition when filed prima facie, had some force but as the law stood today, the petitioner could not at all succeed in so far as subject‑matter of the petition was concerned‑‑Leave to appeal refused. |
| Bench Members | Muhmmad Afzal Zullah and Javid Iqbal, JJ |
| Parties | HABIB SULTAN Petitioner Versus ALLAH DITTA and others Respondents |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1754 (SCMR)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1754 (SCMR)?
The case was heard and decided by the ‑‑‑S.2‑A as added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)‑‑Civil Procedure Code (V of 1908). O.VII, R.11‑‑Custom (Punjab)‑‑Petitioner filed suit under Custom, challenging alienation as without consideration and legal necessity‑‑Plaint was rejected under O.VII, R.11, C.P.C‑‑Held, notwithstanding the fact that the petition when filed prima facie, had some force but as the law stood today, the petitioner could not at all succeed in so far as subject‑matter of the petition was concerned‑‑Leave to appeal refused. bench comprising: Muhmmad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1754 (SCMR) (HABIB SULTAN Petitioner Versus ALLAH DITTA and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Anwar Bhinder, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 16th July, 1988.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore dated 29‑3‑1981 in R.S.A. No. 523/80). ‑‑‑S.2‑A [as added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)]‑‑Civil Procedure Code (V of 1908). O.VII, R.11‑‑Custom (Punjab)‑‑Petitioner filed suit under Custom, challenging alienation as without consideration and legal necessity‑‑Plaint was rejected under O.VII, R.11, C.P.C‑‑Held, notwithstanding the fact that the petition when filed prima facie, had some force but as the law stood today, the petitioner could not at all succeed in so far as subject‑matter of the petition was concerned‑‑Leave to appeal refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition has arisen out of a usual suit under custom, as explained by the learned counsel, challenging an alienation as without consideration and legal necessity. Learned counsel had to admit that by virtue of West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983 the suit filed by the petitioner could not proceed. Although, his plaint has been rejected under Order VII. Rule 11, for other reasons regarding which the learned counsel for the petitioner has confidently stated that he has a good case, it cannot now succeed on account of the change of law in 1983‑‑this petition was filed in 1981. Accordingly, notwithstanding the fact that this petition when filed, prima facie, had some force; but as the law stands today, the petitioner cannot at all succeed in so far as the subject‑matter of this petition is concerned. Therefore, the petition has to be dismissed. Leave to appeal accordingly is refused. M.A.K./H‑70/S Leave refused.