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1989 SCMR 168

ALI RAZA SHAH vs AHMAD BAKHSH

Citation1989 SCMR 168
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 113 of 1982
Date1988-05-09
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

' MUHAMMAD AFZAL ZULLAH, J --Petitioner/plaintiffs suit for preemption was decreed. First Appeal of the respondent/vendee was allowed by the District Court. The petitioner's Civil Revision seeking restoration of the decree having been dismissed by the High Court on 8-12-1981, he has now sought leave to appeal.

2. The learned counsel has contended that the petitioner has been non-suited only on account of deficiency in the court-fee. He has, in support of this petition, relied on the decision of this Court in the case of Siddique Khan and 2 others v. Abdul Shakur Khan and another (PLD 1984 SC 289), which, supports the case of the petitioner. Leave to appeal is, accordingly granted. Security Rs.5,000. The appeal shall be prepared on the present record with liberty to the parties to file additional documents. It shall be fixed for hearing alongwith other similar cases wherein the case Siddique Khan had been relied upon and leave has been granted, before the long vacations.

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