1989 SCMR 1938 (PLP)
Mst. SARDARAN BIBI and others‑‑Petitioners Versus ISLAM KHAN and others Respondents
| Citation | 1989 SCMR 1938 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | Mst. SARDARAN BIBI and others‑‑Petitioners Versus ISLAM KHAN and others Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑ |
Q1: What are the key laws and sections cited in 1989 SCMR 1938 (PLP)?
This judgment primarily cites: Punjab Pre‑emption Act (I of 1913)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 SCMR 1938 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad 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 SCMR 1938 (PLP) (Mst. SARDARAN BIBI and others‑‑Petitioners Versus ISLAM KHAN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Ahmad Khan, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 8th November, 1988.
- "This R.S.A. arises out of the judgment dated 10‑10‑1982 of the learned Additioal District Judge Sialkot in a pre‑emption suit. The only question urged by the learned counsel for the appellants in this appeal is that the suit was barred by time. Learned Additional District Judge Sialkot failed to advert to this aspect of the matter notwithstanding the fact that it was specially taken in the memorandum of appeal as well as argued by Malik amjad Pervaiz Advocate before the learned appellate Court.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore passed in R.S.A. No.293 of 1982 dated 21‑12‑1982) ‑‑‑S.15‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Limitation‑‑High Court did not consider the point of limitation which was abandoned in the lower Appellate Court‑‑Point of law involved in the case had been resolved by Supreme Court in Allah Yar Khan v. Mst. Sardar Bibi and others 1986 S C M R 1957‑‑Leave to appeal refused. Allah Yar Khan v. Mst. Sardar Bibi and others 1986 S C M R 1957 rel.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the vendee side in a suit for pre‑emption against the dismissal by the High Court of their regular second appeal. The impugned order reads as follow:‑ "This R.S.A. arises out of the judgment dated 10‑10‑1982 of the learned Additioal District Judge Sialkot in a pre‑emption suit. The only question urged by the learned counsel for the appellants in this appeal is that the suit was barred by time. Learned Additional District Judge Sialkot failed to advert to this aspect of the matter notwithstanding the fact that it was specially taken in the memorandum of appeal as well as argued by Malik amjad Pervaiz Advocate before the learned appellate Court. Report war, called for from the learned Additional District Judge Sialkot. He has specifically denied that the learned counsel addressed any arguments on the question of limitation in support of his appeal. This being so the question raised in this appeal is deemed to have been abandoned and I have no reasons to disbelieve the learned Additional, District fudge. No other point has been urged before me. In View of theabove the appeal fails and is hereby dismissed in limine." Learn d counsel in fairness to the absence of respondents party has stated that the point of law involved in this case has been resolved by the Supreme Court after the filing of this petition for leave to appeal. He has cited Allah Yar Khan v. Mst. Sardar 13ihi and others (108(1 SCMR 1957). Accordingly on account of this compulsion he was not able to press the petition. Leave to appeal, therefore, is refused. M.A.K./S‑402/S Leave refused