1991 SCMR 1495

GHULAM RASOOL Versus HURMAT

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Citation1991 SCMR 1495

CourtSupreme Court of Pakistan

Case No.Civil Petition for Leave to Appeal No. 63 of 1986

Date1989-06-11

Judge(s)Muhammad Afzal Zullah and S. Usman Ali Shah

Authored byMuhammad Afzal Zullah

ResultLeave granted

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. ‑‑‑Leave to appeal has been sought by the defendant side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Civil Revision.

2. No doubt 'the petitioners have lost throughout but after hearing the learned counsel we consider it a fit case to examine; whether, the petitioners pleas raised ‑ (i), based on section 53‑A of the Transfer of Property Act; and (ii), regarding the effect of the decision in petitioners' favour given in an earlier suit, were rightly rejected by the High Court on the assumption that they were not earlier raised and/or pressed. And further, even if so; whether, the points raised in the High Court should not have been decided on their merits in the circumstances of this case, would require examination. Leave to appeal, accordingly, is granted.

3. Security Rs.5,000.

4. The appeal shall be prepared on present record with direction to file all essential documents.

5. H.B.T./G‑223/S Leave granted.