SCMR 2002

2002 PLP 1200 (SCMR)

ABDUL REHMAN SHAH‑ ‑‑Petitioner Versus Khawaja MUHAMMAD SULEMAN and others‑‑‑Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
‑‑‑Art.185(3)‑‑‑Petition for leave to appeal, withdrawal of‑‑‑Petitioner did not press the petition and prayed that he be allowed to have the right to file suit for partition as he had purchased' land from same joint Khata from same vendor, and thus, had stepped into shoes of his vendor as joint owner‑‑ Supreme Court dismissed the petition as withdrawn while observing that petitioner might avail the remedy of filing suit for partition, if available under the law even in the presence of impugned judgment, which, if filed, would be tried and decided on its own merits.
Honorable Judges
Munir A. Sheikh, Tanvir Ahmed Khan and Faqir Muhammad Khokhar, JJ
Case Reference Summary (AEO Optimized)
Citation 2002 PLP 1200 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Munir A. Sheikh, Tanvir Ahmed Khan and Faqir Muhammad Khokhar, JJ
Parties ABDUL REHMAN SHAH‑ ‑‑Petitioner Versus Khawaja MUHAMMAD SULEMAN and others‑‑‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2002 PLP 1200 (SCMR)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2002 PLP 1200 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Tanvir Ahmed Khan and Faqir Muhammad Khokhar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2002 PLP 1200 (SCMR) (ABDUL REHMAN SHAH‑ ‑‑Petitioner Versus Khawaja MUHAMMAD SULEMAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Mian Saeed‑ur‑Rehman Farrukh, Advocate Supreme Court and Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioner.
  • Nerno for Respondents.
  • Date of hearing: 25th February, 2002.

Headnotes / Summary

(On appeal from the judgment of the Lahore High Court, Multan Bench, Multan, dated 21‑12‑1998 passed in Civil Revision No.26 of 1997). Constitution of Pakistan (1973)‑‑‑

Judgment & Decree

‑‑‑Art.185(3)‑‑‑Petition for leave to appeal, withdrawal of‑‑‑Petitioner did not press the petition and prayed that he be allowed to have the right to file suit for partition as he had purchased' land from same joint Khata from same vendor, and thus, had stepped into shoes of his vendor as joint owner‑‑ Supreme Court dismissed the petition as withdrawn while observing that petitioner might avail the remedy of filing suit for partition, if available under the law even in the presence of impugned judgment, which, if filed, would be tried and decided on its own merits. Mian Saeed‑ur‑Rehman Farrukh, Advocate Supreme Court and Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioner. Nerno for Respondents. Date of hearing: 25th February, 2002. MUNIR A. SHEIKH, J.‑‑‑Learned counsel after arguing the case for quite some time does not press this petition and reserves the right of the petitioner to file suit for partition as the petitioner is now claiming that he had purchased the land from the same joint Khata and from the same vendor as such had stepped into the shoes of his vendor as joint owner.

2. Dismissed as withdrawn.

3. The petitioner may avail remedy of filing suit of partition if available to him under the law even in the presence of the judgment impugned in this petition which if filed shall be tried and decided on its own merits. S.A.K./A‑204/S Order accordingly.