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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FAIZ UDDIN AHMAD VS Respondent: MUHAMMAD YUSUF AND Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain, Abdul Qadir Sheikh Title: FAIZ UDDIN AHMAD vs MUHAMMAD YUSUF AND Other Case No.:Civil Petition for Special Leave to Appeal No. 853 of 1979 Second Appeal No.
683 of 1977 Date of Judgment:1983-05-02 Reported As: 1983 SCMR 1192 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH J.--After hearing the learned counsel we consider it a fit case for grant of leave- to appeal for examination of the following two questions :- (1) Whether the Civil Court had jurisdiction to try the subject-matter o the suit in question, which related to the transfer of the property under Land Settlement Law 7 and (2) Whether in case the civil Court has jurisdiction, the High Court should have, instead of remanding, the case for proper trial and decision by the learned trial Court (the plaint was rejected in this under order VII, rule 11), decided it itself, decreeing the suit in favour of the respondent ? Order accordingly. Security Rs. 2,500. The appeal shall be prepared for hearing within two months on the present record with liberty to the parties to file additional documents, if necessary,