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2005 SCMR 733

NOOR AKBAR through SARDARAN MAI and others vs Mst. GULLAN BIBI

Citation2005 SCMR 733
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,483/L of 2003
Date2003-04-08
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment dated 6-1-2003 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Civil Revision No,93/D of 1999 filed by the petitioners.

2. We need not give the detailed facts of the case as the same have been elaborately discussed in the impugned judgments. Suffice it to say that the petitioner filed a declaratory suit taking exception to the gift deed registered on 2-9-1990 by Muhammad Adil in favor of his wife, Mst.

Gullan Bibi (respondent). Issues were framed and the parties led their evidence. The learned Civil Judge 1st Class, Jhang, through his judgment, dated 30-10-1996 dismissed the suit. The petitioners filed an appeal assailing the above judgment, which was dismissed by the learned Additional District Judge, Jhang, upholding the determination of the trial Court. The petitioners then filed aforesaid civil revision before the Lahore High Court, Lahore, which came up for hearing on 6-1- 2003. Since nobody was present on behalf of the petitioners and even on the last date of hearing none appeared from the petitioners' side, the learned Single Judge after evaluating the entire material placed on record dismissed the civil revision. Hence, this petition for leave to appeal.

3. We have considered the contentions advanced by the learned counsel for the petitioners and have gone through the entire documents appended with this petition. The plea of the learned counsel that the civil revision could not have been dismissed in the absence of the petitioners is devoid of any force. It is reflected from the impugned order that even on the last date nobody was present from the petitioner's side. In these circumstances, no illegality has been committed by the learned Single Judge in deciding the civil revision on merits. It is further apparent from the record that the executions of the gift and its registration have been substantiated through confidence inspiring evidence produced by the respondent. A question of fact has been determined by the two Courts below after scanning the entire evidence and the same has been upheld by the learned Single Judge of the Lahore High Court by advancing cogent reasons.

' Resultantly, in view of the above discussion, the present petition being devoid of any merit is hereby dismissed and leave declined.

Cited by 2 cases

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