HAZAR KHAN AND ANOTHER vs Mst. SHAHNAZ — 1962 PLD 171

Citation: 1962 PLD 171

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-11-11

Parties: HAZAR KHAN AND ANOTHER vs Mst. SHAHNAZ

Headnotes

Case cited as PLD 1962 Pesh. 171

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: HAZAR KHAN AND ANOTHER vs Mst. SHAHNAZ Case No.: Civil Revision No, 25 of 1968 Date of Judgment:1970-11-11 Reported As: PLD 1971 Quetta 39 Result: Petition accepted JUDGMENT JUDGMENT This is a Revision Application against the order of the learned Senior Civil Judge, Quetta dated the 12th June 1968, by which the learned Senior Civil Judge dismissed the application of the applicants to amend their plaint in the suit before him. 2. The dispute in this Revision Application relates to land situated in Sibi which is claimed by the applicants but which appears to be in the respondent's possession. Although the dispute between the parties has been going on for many years so that the facts are complicated, for the purpose of this application, it is sufficient to state that in 1961 the applicants filed a suit in the Court of learned Senior Civil Judge, Quetta against the respondent for the possession of the land in dispute. But it is material to point out here that the two applicants were both minors, at the date of the suit, and were aged only 8 and 12 years, and the suit was filed by their uncle as their next friend. Further, according to their plaint, the property in dispute had devolved on them through a common ancestor Khuda Bux from whom it had passed to Jumma Khan, Karim Bux and their father Kadir Bux. It is not in dispute that Jumma Khan, Karim Bux and Qadir Bux are dead, and the applicants claim the land as the…

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