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Petitioner: Mst. SALMA BIBI VS Respondent: ALI SHER And 2 OTHER
Court Name: Lahore High Court Judge(s): Gul Zarin Kiani Title: Mst. SALMA BIBI vs ALI SHER And 2 OTHER Case No.: Civil Revision No. 1477 of 1990 Date of Judgment:1994-06-06 Reported As: 1994 CLC 2189 Result: Case remanded
JUDGMENT
JUDGMENT This civil revision by a female plaintiff from the judgment of learned Additional District Judge, Toba Tek Singh dated 1-3-1990 holding the suit instituted by plaintiff for a share in the inheritance of the land left by one Qasib deserves to succeed on the short score of patent deficiency in reasons which is the hallmark of a judgment of a Court. In a laconically brief judgment consisting of a couple of lines in a short paragraph, learned Judge found that the suit was barred by limitation. He neither referred to the facts of the case nor evidence adduced in it nor the locus standi of the plaintiff to institute the suit and yet felt content to dismiss the appeal being without any merits and force. Learned Judge below did not examine as to how the bar of limitation was attracted to the plaintiff's suit. In brief, the impugned judgment did not conform to a proper judgment of the case as required by law. Furthermore, it was not a proper disposal of appeal by him. I would therefore, set it aside and remand the case to the learned District Judge, Toba Tek Singh for re-hearing of the appeal on merits and its decision afresh in accordance with law. Costs to be borne as incurred.