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1989 SCMR 1135

BASHIR vs NASIR and another

Citation1989 SCMR 1135
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1406 of 1983
Date1988-08-30
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a suit for declaration regarding a gift against the dimissal by the High Court of his Civil Revision.

2. ' The petitioner's case was that the gift made by his father in respondent's favour was against the then prevailing customary law. The suit was dismissed. The petitioner's Civil Revision met the same fate. The plea taken by the learned counsel appearing for the petitioner before the High Court regarding the customary law, is no more available to the petitioner on account of the change of law in the meanwhile. The learned counsel also tried to attack the gift on the ground that the donor was in the state and further that other necessary conditions, for effectuating the gift were not satisfied.

3. The pleas now taken were not pressed before the High Court. They related to the questions of fact and cannot be entertained at this stage. Otherwise too, the petitioner's case on merits is not such so as to justify interference by this Court. Leave to appeal, therefore, is refused.

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