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Petitioner: ABDUL MAJID and another, VS Respondent: MUHAMMAD HANIF
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Nawaz Abbasi, Rana Bhagwan Das Title: ABDUL MAJID and another, vs MUHAMMAD HANIF Case No.: Civil Petition No,2763-L of 2002 Date of Judgment:2004-08-25 Reported As: 2008 SCMR 335 Result: Order accordingly
Judgment ORDER ' RANA BHAGWANDAS, J.--- In this petition, against the Lahore High Court judgment, dated 18-4- 2002, learned counsel vehemently contended that the suit for pre-emption filed by the respondent was neither maintainable under the law nor within time and thus, the plaint was liable to rejection which aspect was not taken into consideration by the High Court while allowing civil revision application filed by the respondent. Since High Court has remanded the suit to the trial Court to decide the same in accordance with law, it would be proper that these questions, touching the merits of the claim and root of the case, are urged before the Court of ultimate jurisdiction. Learned counsel would like to agitate these questionings before the trial Court which shall be duly considered and determined on merits, strictly in accordance with law. ' With these observations, this petition is disposed of.