| Citation(s) |
|---|
| 2015 SLG 679 2015 SLD 679 2015 YLR 550 |
Sindh High Court
Suits Nos. 167 and 439 of 2012, decided on 12th February,2013. dates of hearing: 9th, 15th August, 6th September,12th, 19th and 25th October, 2012
MUHAMMAD ALI MAZHAR, J
Mushtaque A. Memon for Plaintiff (in Suit No. 167 of 2012). Yawar Farooqui and Irfan Ahmed Memon for Defendants Nos. 1 and 3 (in Suit No. 167 of 2012 and for Plaintiff in Suit No. 439 of 2012). Ahmed Pirzada for Board of Revenue in both cases.Khawaja Sh
Suits Nos. 167 and 439 of 2012, decided on 12th February,2013. dates of hearing: 9th, 15th August, 6th September,12th, 19th and 25th October, 2012
MUHAMMAD ALI MAZHAR, J
Mushtaque A. Memon for Plaintiff (in Suit No. 167 of 2012). Yawar Farooqui and Irfan Ahmed Memon for Defendants Nos. 1 and 3 (in Suit No. 167 of 2012 and for Plaintiff in Suit No. 439 of 2012). Ahmed Pirzada for Board of Revenue in both cases.Khawaja Sh
NASEEM-ULHAQ through Attorney and anothervsRAES AFTAB ALI LASHARI through Guardian adlitem and 5 others
Law: Specific Relief Act, 1877
Section: 42
Law: Civil Procedure Code (V of 1908)
Section: O.VII,R.11,O.XXXIX,Rr.1,2,O.XL,R.1
(a) Specific Relief Act (I of 1877)--- ----S.42---Declaration of title---Scope---Object of S. 42 of Specific Relief Act, 1877, is to perpetuate and strengthen testimony regarding title of plaintiff and to secure possession of property to wrong party---Person can seek aid of court to dispel cloud in the case which is cast upon his title or legal character---No justification existed for assuming that suit for declaration as to status claimed by plaintiff cannot be maintained---Any man's legal character is generally taken as the same thing as a man's status---Words "right to as to any property" are to be understood in a wider sense than "right to property" and words "interested to deny" denotes that defendant is interested in denying right of plaintiff or his legal character---Denial of right constitute a cause of action to maintain an action under S. 42 of Specific Relief Act, 1877---Relief of declaration is a discretionary relief and can be granted in the case where substantial injury is established and in absence of denial of right no relief of declaration can be granted---Provision of S. 42 of Specific Relief Act, 1877, is not exhaustive of circumstances in which declaration is to be given---Declaration can be given even in the circumstances not covered by S. 42 of Specific Relief Act, 1877, in which case general provision of law gives declaration sought---Court in substance has to see whether plaintiff, in facts and circumstances of the case should or should not grant declaration. Major General Shanta Shansher Jung Bahadur Rana v. Kemani Brother Private Ltd. AIR 1959 Bombay 201; I.L.R. 39 Mad 80 = AIR 1915 Mad. 584; AIR 1955 Mad. 111 and AIR 1940 Cal 225 rel. (b) Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration---Rejection of plaint---Scope---Defendant filed application under O. VII, R. 11, C.P.C. for rejection of plaint---Validity---In order to decide application for rejection of plaint, averments made in plaint were to be seen for the purpose of determining whether plaintiff had disclosed any cause of action or it was barred by any law---Lack of proof or weakness of proof did not furnish any…