1991 PLP 1324 (SCMR)
MUHAMMAD YAQOOB — Petitioner Versus Haji MUHAMMAD SIDDIQUE — Respondent
| Citation | 1991 PLP 1324 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah |
| Parties | MUHAMMAD YAQOOB — Petitioner Versus Haji MUHAMMAD SIDDIQUE — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1991 PLP 1324 (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 1991 PLP 1324 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1324 (SCMR) (MUHAMMAD YAQOOB — Petitioner Versus Haji MUHAMMAD SIDDIQUE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Sh. Masud Akthar, Advocate on-Record for Petitioner.
- Mr. M. Rafiq Javaid Butt, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on-Record for Respondent.
- Dates of hearing 28th October, 1989.
- Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Sh. Masud Akthar, Advocate on‑Record for Petitioner.
- Mr. M. Rafiq Javaid Butt, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on‑Record for Respondent.
Headnotes / Summary
(From the judgment of the Lahore High Court, Lahore, dated 17th January, 1987, passed in Civil Revision No.2205 of 1986).
O, VII, R.11
Constitution of Pakistan (1973), Art.185(3)
Rejection of suit-- Petitioner contended that Courts below including High Court did not apply their minds while rejecting his suit
Points raised by petitioner, being arguable and needing consideration, leave to appeal was granted to examine whether Order VII, R.11, C.P.C. had rightly been applied by Courts below in the case of petitioner.
Judgment & Decree
Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Sh. Masud Akthar, Advocate on‑Record for Petitioner. Mr. M. Rafiq Javaid Butt, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on‑Record for Respondent. Dates of hearing 28th October, 1989. S. USMAN ALI SHAH, J.‑‑‑Leave to appeal has been sought by the petitioner against the judgment of the Lahore High Court, Lahore dated 17‑1‑1987, whereby his civil revision against the order of the District Judge, Sargodha, dated 4‑6‑1986, confirming the order of the Senior Civil Judge, Sargodha, dated 31‑3‑1986, rejecting his suit under Order 7, Rule 11 of C.P.C. against the respondent, for declaration that the plaintiff/petitioner was the allottee in possession of the shop in dispute, was dismissed by the impugned judgment. The learned counsel for the petitioner contended that the Courts below including the learned High Court did not apply their mind while rejecting the suit of the petitioner under Order 7, Rule 11 of the C.P.C. After hearing the learned counsel of both the parties, we are of the opinion that the points raised in support of this petition are arguable and needs consideration of this Court. Leave to appeal is therefore, granted to examine whether Order 7 Rule 11 has rightly been applied in this case Security Rs. 5,
000. Appeal is to be made ready on the present record with permission to the parties to add other necessary documents, if any. H.B.T./M‑1160/S Leave granted.