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Initializing Secure Chambers
Petitioner: ALLAH DITTA VS Respondent: MUHAMMAD ASHRAF and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: ALLAH DITTA vs MUHAMMAD ASHRAF and others Case No.: Civil Petition No, 998/1985 Date of Judgment:1988-06-06 Reported As: 1989 SCMR 92 Result: Leave granted
JUDGMENT
JUDGMENT ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendee's side in a pre- emption matter against the dismissal of his Civil Revision by the High Court. ' After hearing both the learned counsel at some length, we consider it a fit case, inter alia, to examine the question whether in a pre-emption matter, the Civil Court can question the decree granted by a Revenue Court: if the answer is in the affirmative in case of fraud and collusion notwithstanding the provisions of Section 12(2), C.P.C., could the Civil Court set at naught the decree, by the Revenue Court, without framing issues on the question of collusion and affording an opportunity to the parties to lead evidence and then determine the same as an independent question; whether in the circumstances, it would be possible by this Court to decide the question with regard to propriety of one or the other decree on merits. Leave to appeal accordingly is granted. Security Rs, 5,000. The appeal to be prepared on the present record with direction to the parties to file necessary additional documents within two months. ' Status quo to continue subject to the petitioner's furnishing security for mesne profit to the satisfaction of the executing Court.