Pakistan Case Law← Search
2003 SCMR 1831

Mst. NAZIRAN BIBI and others vs MUHAMMAD ASHRAF and others

Citation2003 SCMR 1831
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1506-L of 1999
Date2002-07-03
Judge(s)Rana Bhagwan Das, Tanvir Ahmed Khan
ResultLeave refused

' RANA BHAGWANDAS, J.---Petitioners seek leave to appeal against Lahore High Court judgment, dated 9-6-1999 in Civil Revision No,1332 of 1985 concurring with the findings of fact recorded by the trial Court as well as the Appellate Court.

2. During pendency of the suit filed by Ghulam Qadir-predecessorin-interest of the petitioners against respondents Nos.1 and 2 and the suit filed by respondents Nos. 1 and 2 against said Ghulam Qadir, on the joint application of the parties. Dispute was referred to arbitration. Arbitration Award was duly made. No objections were filed to it. It was made rule of the Court and the suit of respondents Nos.1 and 2 was decreed. Petitioners challenged the judgment and decree on the sole ground that petitioner No,1 i.e, Mst. Naziran Bibi mother of the minor respondents had no authority to refer the dispute to the arbitration without the leave of the Court. This ground was found to be untenable and the appeal dismissed for the reasons that, apart from the fact that minors were living with the mother, she was natural as well as lawful guardian of the minors and had no interest adverse to that of the minors. The findings of fact have been affirmed by the High Court for valid and solid reasons and we do not find any illegality or legal infirmity in such findings. Contention of the learned counsel that leave of the Court was absolutely necessary on the part of the guardian ad litem for the minors, is neither sound nor tenable at law for the Courts below have rightly concluded that mother would never contract against interests of her real children.

3. There being concurrent findings of fact by three Courts below, including the High Court. No ground is made out for interference by this Court. Petition is. Thus, dismissed and leave to appeal refused.

Cited by 2 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search