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Petitioner: RABIA BIBI and otherss VS Respondent: MANZOOR HUSSAIN and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Arif, Raja Afrasiab Khan Title: RABIA BIBI and otherss vs MANZOOR HUSSAIN and others Case No.: Civil Petition No.373-L of 1998 Civil Revision No.311 of 1997 Date of Judgment:1998-11-26 Reported As: 2000 SCMR 1858 Result: Case remanded
JUDGMENT
JUDGMENT ' CH. MUHAMMAD ARIF, J.---This is a petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 impugning the judgment, dated 19th January, 1998 of a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur whereby the Revision Petition brought by the petitioners against the order, dated 23rd of July, 1997 passed by the learned District Judge, Rahimyar. Khan allowing the application of the respondent under Order XLI, Rule 27, C.P.C. Was, dismissed in limine. 2. Mr. A.R. Shaukat, learned Senior Counsel appearing in support of this petition, has confined his arguments to the fact that the learned Judge in Chambers was not quite right in directing the remand of the case to the trial Judge and further to frame issues according to pleadings of the parties. On the questions among others of minority of the plaintiff. His plea was that the appeal was still pending before the learned District Judge, Rahimyar Khan and the assumption that the same had been decided by the Appellate Forum was under some misconception. 3. Ch. Abdul Wahid, learned counsel appearing for respondent No.1/caveat or was present in Court and candidly stated that the arguments being pressed into service by the learned counsel for the petitioners is in order. He further stated that paragraph 5 of the impugned judgment, dated 19-1- 1998 may be excised from the record. 4. In view of the statement of the learned counsel for the parties, we are inclined to convert this petition into appeal, allow the same and set aside the impugned para. 5 of the judgment, dated 19-1-1998. The result is that the matter will go back to the learned District Judge, Rahimyar Khan for decision, after hearing the parties. No costs.