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ALLAH DAD versus DHUMAN KHAN


Article 115 Constitution of Pakistan (1973), Article 185 Appeal to the Supreme Court, Jurisdictional Settlement Jurisdiction Settlement = The question of admitting the documents which are pending is no longer a matter of re-opening the civil review before the High Court. The dispute was determined by the existence of the desired family settlement and no evidence was obtained from the method of distribution of property owned by G&M Parties to show that the suit property was solely owned by G or it was G&M. Both have joint property. Without the determination of the property to which the respondents were free, without the determination of such mixed questions of law and facts, no effective decision could be made between the parties and these questions were not attended by the lower courts. The High Court also, without taking notice of the defects and omissions in this case, dismissed the case in civil review on the assumption that the suit was the exclusive property of Property G, and that M had no share in the property and that it was owned by M. The land effect was not part of the dispute between the parties; without this decision there could not have been a proper decision on the matter. The question is, after giving the parties the opportunity to present further evidence, it was deemed appropriate for the Supreme Court to remand the case to the trial court for a decision on the automatic notice of all matters.

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