SAMIULLAH vs Mst. ZUBEDA KHATOON AND Another — 1971 SCMR 615

Citation: 1971 SCMR 615

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-18

Parties: SAMIULLAH vs Mst. ZUBEDA KHATOON AND Another

Headnotes

Case cited as 1971 SCMR 615

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: SAMIULLAH vs Mst. ZUBEDA KHATOON AND Another Case No.: Civil Petition for Special Leave to Appeal No. K-32 of 1971 Date of Judgment:1971-08-18 Reported As: 1971 SCMR 615 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMAD, J.---Respondent No. 1 filed Suit No. 373 of 1965 in the Court of Civil Judge, Karachi, against the petitioner for rendition of account on the allegation that he was her duly constituted attorney and had managed the property. On the application of respondent No. 1, Mohammad Shafi son of Zubeda Khatoon was impleaded as a defendant on the allegation that it was he who was realising the rent and managed the property. Mohammad Shafi was impleaded as a pro forma defendant and no relief was claimed against him. On the 15th December 1966, the parties referred their dispute to the sole arbitration Mr. Azmatullah, Advocate. The Arbitrator heard the matter and passed the decree of Rs. 21,730 against the petitioner. He did not pass any decree against respondent No. 2 as no relief was claimed against him. The petitioner challenged this award before the trial Court and his objections were dismissed on 8th October 1969, and the award was made a rule of the Court. The matter was then taken before the Additional District Judge, Karachi, who accepted the appeal on the 6th August 1970, and set aside the award. This order was challenged by respondent No. 1 in Revision Petition No.…

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