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1989 SCMR 313

GHULAM FARID and another vs GHULAM MUHAMMAD and others

Petitioner: GHULAM FARID and another VS Respondent: GHULAM MUHAMMAD and others

Court: Supreme Court of Pakistan Decision Date: 1988-08-02

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: GHULAM FARID and another vs GHULAM MUHAMMAD and others Case No.: Civil Petition No, 455 of 1982 Date of Judgment:1988-08-02 Reported As: 1989 SCMR 313 Result: Leave granted

Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The defendants' side in a suit for possession have sought leave to appeal against the dismissal of their civil revision. ' The respondents/plaintiffs' suit was decreed. The petitioners filed an appeal; but, through mistake impleaded a deceased respondent, though his legal representatives had already been brought on the record of the lower Court. The petitioners sought to correct the record of appeal. Their request was denied and appeal dismissed. Their civil revision also met the same fate. They have now sought leave to appeal. Learned counsel for the petitioners relying on Muhammad Sher v. Muhammad Khan, PLD 1975 Lahore 1016 and Abdus Sattar v. Muhammad Bakhsh, PLD 1978 Lahore 1043, contended that in the circumstances of this case, the petitioners' appeal could neither be dismissed on ground of failure to implead necessary parties nor could it be dismissed as time-barred, for failure to implead such a party within the time of limitation. This and other questions raised in this petition require examination. ' Leave to appeal, accordingly, is granted. Security Rs, 5,000. ' Appeal shall be prepared on the present record with direction to the parties to file all necessary documents.

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