1990 PLP 1472 (CLC)
ABDUL GHANI‑‑‑Appellant Versus MUHAMMAD SHAFI‑‑‑Respondent
| Citation | 1990 PLP 1472 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | ABDUL GHANI‑‑‑Appellant Versus MUHAMMAD SHAFI‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1990 PLP 1472 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1472 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1472 (CLC) (ABDUL GHANI‑‑‑Appellant Versus MUHAMMAD SHAFI‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Abdul Aziz for Appellant.
- Malik Allah Yar Khan for Respondent.
- Date of hearing: 23rd December, 1989.
Headnotes / Summary
(a) Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑‑‑Ss. 4, 15 & 21‑‑‑Suit for pre‑emption ‑‑‑Suit filed on basis of being a co‑sharer, was concurrently dismissed by Trial Court and Appellate Court below on solitary ground of non‑fulfilment of requirement of Talab‑‑‑Concurrent judgments/ decrees of Courts below, however, were set aside and case remanded for re trial in view of law as laid down by Supreme Court in case reported as P L D 1989 SC
771. Ahmad and others v. Abdul Aziz and others P L D 1989 SC 771 ref. (b) Court Fees Act (VIII of 1870)‑‑‑ ‑‑‑‑S. 13‑‑‑Civil Procedure Code (V of 1908), O.XLI, R.23‑‑‑Refund of court‑fee‑ ‑Suit filed by plaintiff/appellant, having been dismissed, concurrently by Courts below without any fault on his part and case having been remanded to Trial Court for fresh decision, certificate was granted to appellant authorising him to receive full amount of court‑fee paid by him on memorendum of second appeal‑‑‑Prayer of appellant for refund of amount of court‑fee paid by him on memorandum of appeal filed before first Appellate Court, was turned down.
Judgment & Decree
‑‑‑‑Ss. 4, 15 & 21‑‑‑Suit for pre‑emption ‑‑‑Suit filed on basis of being a co‑sharer, was concurrently dismissed by Trial Court and Appellate Court below on solitary ground of non‑fulfilment of requirement of Talab‑‑‑Concurrent judgments/ decrees of Courts below, however, were set aside and case remanded for re trial in view of law as laid down by Supreme Court in case reported as P L D 1989 SC
771. Ahmad and others v. Abdul Aziz and others P L D 1989 SC 771 ref. (b) Court Fees Act (VIII of 1870)‑‑‑ ‑‑‑‑S. 13‑‑‑Civil Procedure Code (V of 1908), O.XLI, R.23‑‑‑Refund of court‑fee‑ ‑Suit filed by plaintiff/appellant, having been dismissed, concurrently by Courts below without any fault on his part and case having been remanded to Trial Court for fresh decision, certificate was granted to appellant authorising him to receive full amount of court‑fee paid by him on memorendum of second appeal‑‑‑Prayer of appellant for refund of amount of court‑fee paid by him on memorandum of appeal filed before first Appellate Court, was turned down. Sh. Abdul Aziz for Appellant. Malik Allah Yar Khan for Respondent. Date of hearing: 23rd December, 1989. The appellant's suit for possession by pre‑emption on the basis of being a co‑sharer was dismissed by learned Civil Judge, Chiniot, on 4‑2‑1989 on the solitary ground of non‑fulfilment of the requirement of Talab as in Islam. The.