ABDUL QADOOS vs ABDUR REHMAN Case No — 1970 PLD 21

Citation: 1970 PLD 21

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-05-15

Parties: ABDUL QADOOS vs ABDUR REHMAN

Headnotes

Result: Case remanded JUDGMENT JUDGMENT Abdul Qadoos purchased land measuring 2 kanals and 10 marlas under survey Nos. 187 and 209 situate in village Saidpura, Tehsil Hattian from Mst.

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Chaudhry Rahim Dad Khan Title: ABDUL QADOOS vs ABDUR REHMAN Case No.: Civil Appeal No. 18 of 1968 Date of Judgment:1969-05-15 Reported As: PLD 1970 Azad J & K 21 Result: Case remanded JUDGMENT JUDGMENT Abdul Qadoos purchased land measuring 2 kanals and 10 marlas under survey Nos. 187 and 209 situate in village Saidpura, Tehsil Hattian from Mst. Basi for an ostensible consideration of Rs. 1,500 by a registered sale-deed dated 28-12-65. Abdur Rehman respondent instituted a pre-emption suit in the Court of Sub-Judge, Muzaffarabad, on 26-11-56. On 1-5-1967 Mr. Maqbool Ahmed Qureshi Vakil appeared in the case when it was called, who was directed by the Court to put in written statement on 24-5-67. On 24-5-67 the defendant was provided, on payment of cost, a further opportunity for filing written statement and the case was adjourned to 10-6-67, on which date as there was failure on the part of the defendant to appear in the Court and plead his defence, the judgment was pro--nounced in favour of the plaintiff under Order VIII, rule 10, C. P. C. The appeal before the District Judge filed, by the vendee Abdul Qadoos was dismissed on 21-2-68. He has now preferred second appeal before this Court. Sayed Tassadaq Hussain Shah learned Advocate for the respondent raised a preliminary objection to the effect that no second appeal is competent in this case. His contention is that section 104, C. P. C. Limits a party's right of…

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