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Petitioner: HABIB SULTAN VS Respondent: ALLAH DITTA and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: HABIB SULTAN vs ALLAH DITTA and others Case No.: Civil Petition No, 662 of 1981 Date of Judgment:1988-07-16 Reported As: 1989 SCMR 1754 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition has arisen out of a usual suit under custom, as explained by the learned counsel, challenging an alienation as without consideration and legal necessity. Learned counsel had to admit that by virtue of West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983 the suit filed by the petitioner could not proceed. Although, his plaint has been rejected under Order VII, Rule 11, for other reasons regarding which the learned counsel for the petitioner has confidently stated that he has a good case, it cannot now succeed on account of the change of law in 1983--this petition was filed in 1981. Accordingly, notwithstanding the fact that this petition when filed, prima facie, had some force; but, as the law stands today, the petitioner cannot at all succeed in so far as the subject-matter of this petition is concerned. Therefore, the petition has to be dismissed. Leave to appeal accordingly is refused.