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1998 SCMR 422

MUHAMMAD IQBAL and others vs Mst. REHMAT BIBI through Legal Heirs and

Citation1998 SCMR 422
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,12351L of 1997 F.A.O. No,170 of 1996
Date1997-10-27
Judge(s)Fazal Ilahi Khan, Ajmal Mian
ResultLeave granted

ORDER

' AJMAL MIAN, J.---This is a petition for leave to appeal against the order, dated 18-6-1997 of a learned Single Judge of the Lahore High Court passed in F.A.O. No,170 of 1996, filed by the petitioners against the order, dated 23-2-1993 of the learned Civil Judge, Ist Class, Gujranwala, in Suit No,143 of 1992, rejecting the plaint of the suit under Order VII Rule 11, C.P.C. After about three years of the filing of the suit upon respondent's application, allowing the same and remanding the case. The petitioners/preemptors have, therefore, filed the present petition for leave to appeal.

2. In support of the above petition Ch. Muhammad Bakhsh, learned ASC for the petitioners, has contended that from the impugned judgment it is evident that the point of law was to be decided and that factual controversy was not involved and hence the learned Judge in Chambers was not justified in remanding the case.

3. We are inclined to grant leave to consider, as to whether in view of the contents of the impugned judgment, whether the learned Judge in Chambers was justified in remanding the case instead of deciding the same himself. Leave is, accordingly, granted. Till the disposal of the appeal arising out of the above petition, the learned Trial Court will not pass any final order but will be free to record evidence. 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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