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Civil Petition No. 1080 of 1976, decided on 28th May, 1984.
(On appeal from the judgment, dated 1‑10‑1976 of the Lahore High Court in R.S.A. No. 288 of 1960).
-‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908). S. 100‑‑Gift‑‑Second appeal‑‑High Court reversing concurrent finding of fact that making of gift was not proved‑‑Leave granted to consider whether High Court had exceeded powers conferred under S. 100, C.P.C.
Ch. Muhammad Ashraf Wahla, Advocate Supreme Court with A. Razzaq for Petitioners.
Mahmood A. Quraishi, Advocate‑on‑Record for Respondent.
Date of hearing: 28th May 1984.
The learned Judge in the High Court has reversed, in second appeal, the concurrent finding of fact recorded by the two Courts below that the alleged donee was not able to establish that possession had been delivered to him in pursuance of the alleged gift in his favour and, therefore, the making of the gift was not proved.
After hearing Ch. Muhammad Ashraf Wahla, we consider that his contention that the learned Judge in the High Court could not have reversed such a finding of fact while hearing a second appeal and that he exceeded the powers conferred on him under section 100, C.P.C. has considerable force.
Leave is, accordingly, granted.
Security in the sum of Rs.1,000.
M.I. Leave granted.
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