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GHULAM AHMAD AND Other vs Mst. RABIA BIBI AND OTHSRS — 1965 PLD 686

Citation: 1965 PLD 686

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-11-03

Parties: GHULAM AHMAD AND Other vs Mst. RABIA BIBI AND OTHSRS

Headnotes

Case cited as PLD 1965 Lah. 686

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Yousaf Saraf Title: GHULAM AHMAD AND Other vs Mst. RABIA BIBI AND OTHSRS Case No.: Civil Revision No. 12 of 1969 Date of Judgment:1969-11-03 Reported As: PLD 1970 Azad J & K 1 Result: Petition accepted JUDGMENT JUDGMENT This is a revision petition against an order passed by the Additional Sub-Judge, Muzaffarab4O on 5-5-1969. Mst. Rabia Bibi widow of Haji Akbar Joo and her children brought a suit for partition of property and rendition of accounts against her step-children who are step-brothers of other plaintiffs. The defendants pleaded a prior partition. Issues were framed and the parties ordered to produce evidence. The statement of D. W. Kh. Abdul Hamid son of Kh. Usman Joo was recorded on 5-5-1969. He appears to have been produced to identify the signature of his father on the alleged partition deed Exh. D. A. Only this much was put to him in the examination-in-chief. In cross-examination he stated that Abdul Ahad defendant took into his possession the entire property of Akbar Joo on his demise. This statement was con--sidered hostile by the defendants as it repudiated their whole case. So the learned counsel for the defendants immediately requested the Court to declare the witness hostile and permit his cross-examination. This request was refused and it is against this order that the defendants have come in revision. Two preliminary objections were raised by the learned counsel for the…

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