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1989 SCMR 1263

MUNAWAR BEGUM vs Mst. GHULAM FATIMA and others

Citation1989 SCMR 1263
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,89 of 1985
Date1989-02-28
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against the impugned judgment of the High Court rendered in a Regular Second Appeal. Litigation had arisen out of a will made under custom and the controversy between the parties regarding inheritance under customs and/or Muslim Law as also the validity of a gift.

2. ' Amongst others one of the questions raised in this petition relates to the interpretation of section 2-A of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance XIII of 1983 and its application to the present case. This Court while interpreting the said law has already ruled that depending upon the circumstances of each case it has retrospective effect--see Abdul Ghafoor and others v. Muhammad Shah and others PLD 1985 SC 407. Although the impugned judgment was rendered after coming into force of the said Ordinance, it seems that the same was not properly taken note of.

3. After hearing the learned counsel we consider it a fit case inter alia to examine the implication of the new law vis-a-vis the questions involved in this case. Accordingly we grant leave to appeal to examine this question, other questions related thereto and those raised in this petition.

4. ' Security Rs,5,000.

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

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