and on 24.10.2018, the Hon'ble Apex Court remitted the matter to
this Court for adjudication, as under:
“Both the learned counsel for parties are that as per the law
laid down in the case of Sahabzadi Maharunisa and another
Vs. Mst. Ghulam Sughran and another (PLD 2016 SC 358)
the application under Section 12(2) of the Code of Civil
Procedure, 1908 should have been filed before the learned
High Court. In these circumstances, the said application along
with the reply filed by the respondent is transmitted to the
learned Lahore High Court to decide the application in
accordance with law. In case any factual controversies are
involved in the matter, the Court should resolve the same framing issues and recording evidence, if need be. Disposed of
in the aforesaid terms.”
Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Land
3263/19
2020 LHC 781
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