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Initializing Secure Chambers
Petitioner: Mirza BASHIR MUHAMMAD and others VS Respondent: MUHAMMAD ALI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mirza BASHIR MUHAMMAD and others vs MUHAMMAD ALI Case No.: Civil Petition No,694 of 1982 Date of Judgment:1988-09-14 Reported As: 1989 SCMR 596 Result: Leave to appeal granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The petitioners'/plaintiffs' Civil Revision and a Review Application having been dismissed by the High Court, they have now sought leave to appeal. The petitioners' suit for declaration regarding an inheritance was dismissed on two grounds; (1) res judicata; and (2), non-maintainability of the suit in view of the bar contained in Order XXIII, rule 3 of the C.P.C. The petitioners had withdrawn the earlier suit and it was held against them that they had not sought and obtained permission to refile it. Their appeal and civil revision and a review have failed. Our attention has been drawn to the application for withdrawal of the suit (P.44 of the Paper Book). It is clearly stated therein that on account of some technical grounds the earlier suit was sought to be withdrawn. A clear prayer was also made that permission be granted for filing a fresh suit. The learned Court, it appears, did not read the application and omitted to mention the second part of the application regarding reeling of the suit. In the circumstances of this case, we consider it a fit and proper ease to grant leave to appeal to examine the points raised in the petition. Leave to appeal accordingly is granted. ' Security Rs,5,000. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. Stay to continue.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.