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1991 S CM R 771

ZABITA KHAN And Others vs GANDERI GUL And Other

Citation1991 S CM R 771
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 486-R of 1989C.R. No. 38 of 1987
Date1990-02-21
Judge(s)Shafi-ur-Rehman, Rustam S. Sidhwa
ResultLeave granted

ORDER

1. RUSTAM S. SIDHWA, J.---We have heard the arguments of the I learned counsel for the petitioners and have perused the record. Leave is hereby granted to consider the following questions:

(i) Whether oral evidence could or was sufficiently satisfactory to displace the documentary evidence (such as the pedigree-table etc.) produced by the parties in the case; and

(ii) Whether in holding that Muhammad Karim and Fazal Karim petitioners I Nos.2 and 3 were not the sons of Sher Hassan, because they were not so shown in the pedigree-table, the Court should have examined other evidence as regards their parentage.

2. The petitioners shall furnish security in the sum of Rs.2,000. The appeal shall be heard on the present record. The parties are at liberty to file such further documents as they consider fit and proper for the full and final disposal of the appeal. The office shall send for the original trial Court's rile so that the same is present when the appeal comes up for hearing.

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