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Petitioner: Syed BAQAR RAZA VS Respondent: Messrs SHAHINDA BAQAR and 2 others
Court Name: Sindh High Court Judge(s): Munib Ahmed Khan Title: Syed BAQAR RAZA vs Messrs SHAHINDA BAQAR and 2 others Case No.: Constitutional Petition No,315 of 2005 and C.M.A. No,3028 of 2006 Date of Judgment:2006-09-22 Reported As: 2008 YLR 2035 Result: Petition dismissed
Judgment ORDER ' MUNIB AHMAD KHAN, J.---This revision application has been filed against the concurrent findings of two courts below. The learned Civil Judge decreed the suit, while learned District Judge maintained it by judgment dated 24-12-2005. ' Now the learned counsel has argued that both the learned lower courts have failed to appreciate that there was no matrimonial relation but there was specific issue on the point which could have been decided by the courts, below. On query, learned counsel has failed to point out that it made an application in this respect for the amendment of issue before the lower courts, or that actually he has divorced his wife in accordance with Family Law. There is no notice of Talaq available in the file as required under section 7 of the Muslim Family Laws Ordinance, 1961. ' Even in the ground of appeal, there is nothing in respect to contention as alleged that learned trial Court despite request failed to frame any issue nor the learned District Judge was requested even at the appellate stage. In the circumstances findings of both the lower Courts cannot be interfered in this petition, which is dismissed.