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2003 C.L.R. 591

Mst. Noor Begum vs Fazal Muhammad Tariq and others

Citation2003 C.L.R. 591
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No. 12-L of 2000
Date2002-06-28
Judge(s)Faqir Muhammad Khokhar, Sh. Riaz Ahmad, Sardar Muhammad Raza Khan
ResultPetition Allowed

FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks review of order dated 1.12.1999 passed by this Court whereby Civil Petition No. 848-L of 1999 was disposed of and the case was remanded to the Civil Judge with certain directions.

2. Learned counsel for the petitioner submitted that the original suit filed by the petitioner was already for possession of the suit property. Therefore, further direction by this Court for making the amendment in the plaint adding the relief of possession of property was not necessary. The learned counsel for the respondent could not controvert the factual position taken by the learned counsel for the petitioner.

3. We have heard the learned counsel for the parties at some length. We also find from the plaint that the suit of the petitioner is already for possession of the suit property. In this view of the matter, the direction given in our order dated 1.12.1999 passed in Civil Petition No. 848-L of 1998 for amending the plaint is recalled. This review petition is allowed to this extent. .

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