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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: JANNA T BIBI and others VS Respondent: WALI MUHAMMAD
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: JANNA T BIBI and others vs WALI MUHAMMAD Case No.: Civil Petition for Leave to Appeal No, 816 of 1984 Date of Judgment:1988-11-21 Reported As: 1989 SCMR 1679 Result: Leave 'granted.
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs side in a suit for declaration against the dismissal of their Civil Revision by the High Court. 2. The dispute relates to the inheritance of Abdul Aziz, husband of petitioner No, 1 and father of petitioner No, 2. While the petitioners' case was that Abdul Aziz had also a son, the case of the respondent collateral was that Abdul Aziz did not leave behind any son. The petitioners have failed on this question before the 1st appellate Court and the High Court. ' Learned counsel has inter alia contended that some evidence has been misread and the remaining also needs to be re-examined. 3. The perusal of the record shows that Ex.P.1 did support the petitioners' case. Prima facie, it was misread by the 1st. Appellate Court and the High Court did not appreciate the misreading though the point is noted in the impugned judgment. The points raised in this petition need examination. Leave to appeal is granted security Rs, 2,500. Stay to continue meanwhile. The appeal shall be prepared on the same record with direction to the parties, to file all additionnal necessary documents.