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1993 SCMR 1325

JANE MARGRETE WILLIAM through General Attorney M. Nawaz Kasuri,

Citation1993 SCMR 1325
CourtSupreme Court of Pakistan
Case No.C.P. No,983/L of 1992
Date1992-11-02
Judge(s)Nasim Hasan Shah, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. ' NASIM HASAN SHAH, ACTG. C.J.--- Several questions of law arise in this petition for leave namely, what, in law, is a Benami transaction? Could the instant transaction be termed to be a Benami one? Whether a Benami transaction is recognized in Islam?

2. ' It also requires to be seen whether the learned Single Judge deciding the appeal could have suo motu granted the relief of possession without the plaintiff seeking amendment of the plaint. This matter assumes importance because the inclusion of the relief of possession would result in raising the jurisdictional value in this matter to an amount exceeding Rs,2,00,000 and in such a case the appeal would normally have to be heard by a Bench of two Judges of the Lahore High Court.

3. Consequently a learned Single Judge would be unable to grant the relief of possession.

4. ' These questions inter alia require fuller examination. .

5. ' Interim order dated 13-10-1992 is confirmed.

6. ' This appeal shall be heard on the present record with liberty to the parties to file further documents, if any, at a very early date.

7. Security shall be furnished in the sum of Rs,5,000. 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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