1990 PLP 458 (SCMR)
MUHAMMAD HUSSAIN‑‑Petitioner Versus Mirza MUHAMMAD SAGHIR and another‑‑Respondents
| Citation | 1990 PLP 458 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid lqbal, JJ |
| Parties | MUHAMMAD HUSSAIN‑‑Petitioner Versus Mirza MUHAMMAD SAGHIR and another‑‑Respondents |
| Primary Law | Specific Relief Act (I of 1877)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 458 (SCMR)?
This judgment primarily cites: Specific Relief Act (I of 1877)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 458 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid lqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 458 (SCMR) (MUHAMMAD HUSSAIN‑‑Petitioner Versus Mirza MUHAMMAD SAGHIR and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. M. Farooq, Senior Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record for Petitioner.
- Ch. M.Z. Khalil, Advocate‑on‑Record for Respondent No.l.
- Date of hearing: 20th July, 1988.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore dated 9‑5‑1981 in C.R. No. 532‑D of 1981). ‑‑‑S.12‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Two suits were consolidated and decided in plaintiff's favour‑‑‑Defendant's appeal was accepted by First Appellate Court‑‑‑Plaintiff's revision was dismissed by High Court‑Leave to appeal was granted to examine plaintiff's contention that although two suits ere consolidated, yet only one appeal was riled by the defendant before the First Appellate Court‑‑‑Leave to appeal having already been granted on similar question, present petition was directed to be heard alongwith the appeal in which similar question was involved requiring adjudication.
Judgment & Decree
Ch. M.Z. Khalil, Advocate‑on‑Record for Respondent No.l. Date of hearing: 20th July, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a plaintiff in a case of specific performance, against the dismissal of a Civil Revision by the High Court. According to the learned counsel, two suits were filed. They were consolidated. The matter was decided in favour of the petitioner. The respondents' appeal was accepted by the District Court. The petitioner's Civil Revision having been dismissed, he has now sought leave to appeal. Inter alia, it is contended that a, 'though two suits were consolidated and the petitioner had succeeded before the trial Court, yet only one appeal was filed from the respondents side before the District Court. Leave to appeal has been granted on this question in C.P. 577 of 1981 (Siraj Din v. Rajada) on 18‑7‑1988. This point and others raised in the petition require examination. Leave to appeal accordingly is granted in this case also. To be heard alongwith the appeal arising out of the aforementioned case. Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. The stay order to continue. A.A./M‑930/S Leave granted.