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1989 SCMR 1726

Kh. HAMID HASSAN vs MUHAMMAD FAYYAZ RASHID and another

Petitioner: Kh. HAMID HASSAN VS Respondent: MUHAMMAD FAYYAZ RASHID and another

Court: Supreme Court of Pakistan Decision Date: 1988-11-27

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Kh. HAMID HASSAN vs MUHAMMAD FAYYAZ RASHID and another Case No.: Civil Petition for Leave to Appeal No, 1037 of 1984 Date of Judgment:1988-11-27 Reported As: 1989 SCMR 1726 Result: Leave granted

Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The petitioner, a plaintiff, in a suit for possession of suit property, has challenged the dismissal of his Regular Second Appeal by the High Court. 2. The questions; whether the petitioner has been rightly non-suited on the ground of his failure to pay proper court-fee at the proper stage; and whether, in the 1st round of litigation his appeal was properly filed by duly constituted attorney and other related questions, inter alia, require examination. 2. Leave to appeal is granted. Security Rs,5,000. 3. The appeal shall be prepared on the same record with direction to the parties to file all additional necessary documents.

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