1998 PLP 422 (SCMR)
MUHAMMAD IQBAL and others‑‑‑Petitioners Versus Mst. REHMAT BIBI through Legal Heirs and others‑‑‑Respondents
| Citation | 1998 PLP 422 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | ‑Ajmal Mian and Fazal Ilahi Khan, JJ |
| Parties | MUHAMMAD IQBAL and others‑‑‑Petitioners Versus Mst. REHMAT BIBI through Legal Heirs and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 422 (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 1998 PLP 422 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: ‑Ajmal Mian and Fazal Ilahi Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 422 (SCMR) (MUHAMMAD IQBAL and others‑‑‑Petitioners Versus Mst. REHMAT BIBI through Legal Heirs and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Bakhsh, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 27th October, 1997_
Headnotes / Summary
(On appeal from the order dated 18‑6‑1997 of the Lahore High Court, Lahore, passed in F.A.O. No. 170 of 1996). ‑‑‑‑O. VII, R.11‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑Rejection of plaint by Trial Court‑‑‑High Court, allowing plaintiff's appeal remanded case to Trial Court‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether in view of contents of impugned judgment, High Court was justified in remanding case instead of deciding the case itself‑‑‑Trial Court was directed not to pass any final order till disposal of appeal arising out of petition for leave to appeal.
Judgment & Decree
AJMAL MIAN, J.
This is a petition for leave to appeal against the order, dated 18-6-1997 of a learned Single Judge of the Lahore High Court passed in F.A.O. No.170 of 1996, filed by the petitioners against the order, dated 23-2-1993 of the learned Civil Judge, 1st Class, Gujranwala, in Suit No.143 of 1992, rejecting the plaint of the suit under Order VII Rule 11, C.P.C. after about three years of the filing of the suit upon respondent's application, allowing the same and remanding the case. The petitioners/pre emptors have, therefore, filed the present petition for leave to appeal.
2. In support of the above petition Ch. Muhammad Bakhsh, learned ASC for the petitioners, has contended that from the impugned judgment it is evident that the point of law was to be decided and that factual controversy was not involved and hence the learned Judge in Chambers was not justified in remanding the case.
3. We are inclined to grant leave to consider, as to whether in view of the contents of the impugned judgment, whether the learned Judge in Chambers was justified in remanding the case instead of deciding the same himself. Leave is, accordingly, granted. Till the disposal of the appeal arising out of the above petition, the learned Trial Court will not pass any final order but will be free to record evidence. A.A./M-50/S Leave granted.