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1989 SCMR 1207

DIN MUHAMMAD and others vs ABDUL REHMAN KHAN

Citation1989 SCMR 1207
CourtSupreme Court of Pakistan
Case No.Civil Petition No,166 of 1984
Date1988-08-31
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendants side against the acceptance of the respondent's Civil Revision and remand of the case to the trial Court for a fresh decision.

2. ' Learned counsel stated that the controversy raised in the suit stood concluded by the decisions of the Custodian/Settlement Authorities and the matter also stood decided under the Rent Restriction Law. And notwithstanding the bar contained in the relevant laws regarding the commencement of fresh proceedings before the Civil Courts, the respondent filed the present suit, wherein the preliminary objection of the petitioners was upheld and the plaint was rejected under Order VII, Rule 11, C.P.C. The respondent's appeal was also dismissed. However, his Civil Revision was allowed by the High Court. Therefore, leave to appeal has now been sought.

3. The point raised by the learned counsel with regard to the bar of jurisdiction as also other points raised in this petition require examination. Leave to appeal accordingly is granted.

4. ' Security Rs,5,000.

5. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.

6. ' Proceedings stayed meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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