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1991 SCMR 1324

MUHAMMAD YAQOOB vs Haji MUHAMMAD SIDDIQUE

Citation1991 SCMR 1324
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.98 of 1987 Civil Revision
Date1989-10-28
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the judgment of the Lahore High Court, Lahore dated 17-1-1987, whereby his civil revision against the order of the District Judge, Sargodha, dated 4-6-1986, confirming the order of the Senior Civil Judge, Sargodha, dated 31-3-1986, rejecting his suit under Order 7, Rule 11 of C.P.C. Against the respondent, for declaration that the plaintiff/petitioner was the allottee in possession of the shop in dispute, was dismissed by the impugned judgment.

2. The learned counsel for the petitioner contended that the Courts below including the learned High Court did not apply their mind while rejecting the suit of the petitioner under Order 7, Rule 11 of the C.P.C.

3. After hearing the learned counsel of both the parties, we are of the opinion that the points raised in support of this petition are arguable and needs consideration of this Court. Leave to appeal is therefore, granted to examine whether Order 7 Rule 11 has rightly been applied in this case Security Rs. 5,000.

4. Appeal is to be made ready on the present record with permission to the parties to add other necessary documents, if any. 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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