Mst. AMINA KHATOON And Others vs ABDULLAH JAN And Other — 1987 SCMR 1817

Citation: 1987 SCMR 1817

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-04-11

Parties: Mst. AMINA KHATOON And Others vs ABDULLAH JAN And Other

Headnotes

Case cited as 1987 SCMR 1817

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat Title: Mst. AMINA KHATOON And Others vs ABDULLAH JAN And Other Case No.: Civil Petition for Leave to Appeal No.45-Q of 1986 Date of Judgment:1969-04-11 Reported As: 1987 SCMR 1817 Result: Petition dismissed Judgment ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a single Judge of Baluchistan High Court dated 23-7-1986 whereby he while allowing an appeal filed by petitioners and another appeal filed by respondents 2 to 5 herein, remanded the suit between the parties to the Additional District Judge II, Quetta "with the direction to pass a judgment and decree according to law, on all issues, except the legal ones which have been decided by me in the foregoing paragraphs." Learned Judge further directed that the parties may be given an opportunity of being heard". The legal issues decided by the learned Judge in the High Court were whether the suit was barred by the principles of res judicata and was even otherwise time-barred. Mr. N.A. Farooqi learned counsel appearing in support of the petition frankly conceded that he cannot press to service the bar of the principle of res judicate in view of the reasons that have found favour with the learned Judge. He however submitted that the predecessor-in-interest of the parties, namely, Din Gul, having died on 25-12-1961 and the suit having been filed on 13-11-1979, it was obviously barred…

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