Law:

Section:

(a) Civil Procedure Code (V of 1908).......... ..........-O. VII, R. 11 & O. XXII, R. 1..........Suit for declaration..........Application of rejection of plaint..........Death of plaintiff or defendant would not abate the suit if right to sue survived..........Suit competently filed by the plaintiff could not be rejected merely for reason of his/her death during the pendency of suit..........Decree of the court was only remedy for revocation of a gift in favour of any person falling within prohibited decree even after delivery of possession..........Plea with regard to gift to be valid or otherwise should require evidence..........Application for rejection of plaint was dismissed in circumstances. 1987 SCMR 1492; PLD 1989 SC 362; PLD 1960 Lah. 130; PLD 1968 SC 54; 2005 SCMR 135; 1994 SCMR 8081; PLD 1956 Lah. 716; 1994 SCMR 1939; 1997 MLD 432 and 1997 CLC 1260 ref. (b) Civil Procedure Code (V of 1908).......... ..........-O. XXII, R. 1..........Death of a party..........Abatement of suit..........Scope..........Death of plaintiff or defendant would not abate the suit if right to sue survived. ORDER SALAHUDDIN PANHWAR, JUSTICE.......... Through instant application applicant seeks rejection of plaint. Precisely, relevant facts are that Mrs.Suriya Iqbal Chishti filed suit for declaration, cancellation of documents, mandatory injunction and damages with following prayer. "a) Declare that Mrs. Suriya Iqbal Chishti is the rightful legal owner of the property bearing 3/B-1 Zamzama Street, Clifton, Karachi. b) Cancellation of Gift Deed dated 21.12.2003; c) To restrain the Defendant/s from creating any third party interest over the said property till the pendency of the instant suit. d) To direct the Defendants Nos.2 and 3 not to register any sale/gift deed in relation to the suit property during the pendency of the instant suit. e) Award damages in the sum of Rs.10 Million. f) .............................. g) .............................. 2. Learned counsel for defendant No.1 at the outset contends that during pendency of this suit plaintiff expired, thus legal heirs Nos.2, 3 and 4 were joined and such amended title was filed; Under Section 167 Subsection (2)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492