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2002 SCMR 1985

IMAM BAKHSH and 2 others vs ALLAH WASAYA and 2 others

Citation2002 SCMR 1985
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No,78-L of 2000,
Date2002-04-05
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultDismissed.

ORDER

' MUNIR A. SHEIKH, J.---This Court after taking note that Mst. Jannat Bibi vendor appeared as witness and stated that she provided the financial assistance to her son plaintiff to file the suit, came to the conclusion that the suit was collusive and it had been filed for the 'benefit of vendor, therefore, revision petition was liable to be dismissed on that ground and the judgment of the First Appellate Court of dismissal of the suit on the ground of partial pre-emption was maintained on this ground also.

2. Learned counsel for the petitioners submitted that the said ground having not been made the basis for dismissal of the suit by First Appellate Court, therefore, this Court in the judgment under review should not have maintained the said judgment on other ground.

3. Argument has no force. This Court is vested within jurisdiction to do complete justice under Article 187 of the Constitution and after taking note of a glaring fact on the record i.e, admission by the vendor herself this Court passed proper judgment which could legally be passed as such, no exception can be taken.

Cited by 5 cases

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