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Petitioner: Mian MUHAMMAD BASHIR and another VS Respondent: NOOR HUSSAIN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mian MUHAMMAD BASHIR and another vs NOOR HUSSAIN Case No.: Civil Petition for Special Leave to Appeal No. 826 of 1981 Date of Judgment:1988-05-09 Reported As: 1989 SCMR 160 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The petitioners have submitted additional grounds by way of an application under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980 with our permission. The same shall be read as part of the main petition which, as amended, has also been filed, with the application. It is vendees' petition in a pre-emption matter. 2. After hearing the learned counsel in support of this petition, we consider it a fit case for examination, inter alia, of the question as to whether the law or any provision does not help the petitioners in so far as their one right of first appeal is concerned. Admittedly their said appeal has not been heard on merits on account of one or the other technical hurdle. 3. We accordingly grant leave to appeal. Security Rs. 5,000 to be deposited within three weeks. The appeal shall be prepared on the present record with B liberty to the parties to file additional documents. It shall be fixed for hearing before the long vacations.