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Petitioner: HAZRAT NOOR. VS Respondent: KHUDAI RAHIM,
1988 S C M R 1875
1988 S C M R 1875
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ
HAZRAT NOOR‑‑Appellant versus
KHUDAI RAHIM‑‑Respondent
Civil Appeal No.26‑Q of 1985, decided on 30th May, 1988.
(From the judgment/order of Baluchistan High Court, Quetta dated 17‑11‑1984 in Civil Revision No.294 of 1984).
Supreme Court Rules, 1980‑‑
‑‑‑O.XXXIII, R.6‑‑Appeal to Supreme Court‑‑Consent order‑‑Parties praying that impugned judgments of lower Courts be set aside and case remanded to Qazi for disposal in accordance with terms agreed upon by parties‑‑Appeal allowed on agreed terms.
Raja M. Afsar, Advocate Supreme Court and S. A . M. Quadri, Advocate‑on‑Record for Appellant.
Khalid Malik, Advocate Supreme Court for Respondent. Date of hearing: 30th May, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑Learned counsel for the parties pray that this appeal may be allowed and the impugned judgment of the High Court and the judgments and decrees passed by the trial Court as well as the First Appellate Court be set aside and the case be remanded to Qazi Zhob for disposal as under:‑
(1) The learned Qazi shall recall the witnesses for the plaintiff, for the purpose of cross‑examination by or on behalf of the defendant, after the document (partition deed) is formally exhibited through them.
(2) The Court shall allow the defendant to raise any legal objection regarding the admissibility of the said document.
(3) The Court shall grant opportunity to the defendant to produce his evidence, and record his statement.
We accordingly allow the appeal as prayed in the terms agreed upon by the learned counsel for the parties.
The original document (partition deed) which is on the file of this Court, shall be returned to the trial Court along with the record of the trial Court which was summoned for the purpose of decision of this appeal. In the circumstances there shall be no order as to costs.
M.I. /H‑47/S Order accordingly.