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MIR ZAMAN KHAN versus SHAHRO


Article 3 (3 ()) The High Court held that the power of execution was not granted by the respondents as it could not testify through witnesses. The correctness of the view taken by the High Court should be appealed for scrutiny

1985 S C M R 2063

Present: Aslam Riaz Hussain and M.S.H. Quraishi, JJ

Sufi MIR ZAMAN KHAN (deceased)

through FAZLUR REHMAN and others‑‑Petitioners

Versus

Mst. SHAHRO and another‑‑Respondents

Civil Petition No. 1 of 1982, decided on 18th June, 1985.

(From the judgment of the Lahore High Court, Bahawalpur Circuit, dated 21‑11‑1981, passed in Civil Revision No. 66 of 1978).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185 (3)‑‑High Court taking view that power‑of‑attorney executed by respondent was not valid on account of same not having been testified by witnesses ' in spite of fact that execution of document had been specifically admitted by said respondent in his written statement‑‑Leave to appeal granted to examine, inter alia, correctness of view taken by High Court.

Muhammad Mahmood Bhatti, Senior Advocate Supreme Court with Muhammad Aslam Chaudury, Advocate‑on‑Record for Petitioners.

Hasan Raza Naqvi, Advocate Supreme Court for Respondents.

Date of hearing: 18th June, 1985.

ORDER

M.S. H. QURAISHI, J.

‑‑Leave to appeal is granted to examine, inter alia, the correctness of the view taken by the High Court that the power‑of‑attorney executed by Gul Muhammad (respondent No. 2) in favour of Khuda Bakhsh was not valid on account of it not having been testified by witness in spite of the fact that the execution of the document had been specifically admitted by Gul Muhammad in his written statement. Security Rs. 1,000.

M. Y. H. Leave granted.

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