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1991 SCMR 1552

Syed ABDUL GHAFOOR And Others vs Syed GHULAM ABBAS And Other

Petitioner: Syed ABDUL GHAFOOR And Others VS Respondent: Syed GHULAM ABBAS And Other

Court: Supreme Court of Pakistan Decision Date: 1989-06-14

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Syed ABDUL GHAFOOR And Others vs Syed GHULAM ABBAS And Other Case No.:Civil Petition for Special Leave to Appeal No. 857 of 1985 Civil Revision

No.294 of 1985 Date of Judgment:1989-06-14 Reported As: 1991 SCMR 1552 Result: Leave granted Judgment ORDER S. USMAN ALI SHAH, J.---This petition for leave to appeal has arisen from the judgment of the Lahore High Court dated 1-6-1985, wherein the petitioners' Civil Revision No. 294-D of 1985 arising out of the judgment and decree passed by Civil Judge, Gujranwala 27-2-1980 which were affirmed in appeal by the District Judge on 28-11-1984, was dismissed by the impugned judgment. The original suit was riled by the plaintiffs/petitioners against the award dated 11-1-1973, given by Sh. Muhammad Naseem, Advocate, Gujranwala, as Arbitrator, which was made rule of the Court and the objection thereto filed by Mst. Akhtar Begum deceased predecessor-in-interest of petitioners Nos. 1 to 11 and petitioners Nos.12 to 23 was rejected. After having heard the learned counsel in support of this petition, leave to appeal is hereby granted to consider whether in a case of inheritance of a Muslim, such arrangement, to refer the matter to an arbitrator, can be made. ` Security is Rs. 5,000. Delay of one day is condoned. Appeal is to be made ready on the present record. However, the parties arc at liberty to file additional documents, if any.

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