HAMAD AND Another vs KHUSHI MUHAMMAD AND ANOTHER — 1971 SCMR 365

Citation: 1971 SCMR 365

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: HAMAD AND Another vs KHUSHI MUHAMMAD AND ANOTHER

Headnotes

Case cited as 1971 SCMR 365

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: HAMAD AND Another vs KHUSHI MUHAMMAD AND ANOTHER Case No.:Civil Petition for Special Leave to Appeal No. 223 of 1970 Review Application JUDGMENT Reported As: 1971 SCMR 365 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a division Bench of the Lahore High Court dismissing an application for the review of a judgment passed by the same Court in second appeal. This second appeal arose out of a suit for pre-emption. The suit was resisted inter alia on the ground of limitation. The Courts below the High Court rejected that plea and decreed the suit. Before the High Court the plea of limitation was again pressed, but the High Court rejected it holding that the suit filed on 17-3-69 for the pre-emption of a sale evidenced by an attes--tation of mutation made on 31-3-68 was within time. The second appeal was, accordingly, dismissed in limine. An application was filed for the review of this order on the ground that the vendee--- defendant in the suit had since discovered that he had an equal right as compared with the pre- emptor, because, he was also a mortgagee of the land at the relevant time. The discovery of such a fact could not be said to be a discovery of a new and important evidence which, after the exercise of due diligence, could not be within his knowledge or could not be produced by him at the time when…

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