Case Details

Citation(s)
2015 SLG 1673 2015 SLD 1673 2015 CLC 530
Sindh High Court
Civil Revision Application No.279 of 2010, decision dated: 26-06-2014, hearing DATE : 22-04-2014
AFTAB AHMED GORAR, J
Ms. Sami Ahsan for Applicant. Muhammad Hanif Sama and Ms. Samina Iqbal for
Respondents Nos.1 to 6. Sharf-ud-Din Mangi for the State.

MUHAMMAD ANWAR--Applicant

VS

MUHAMMAD HANIF and 4 others

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 92 & O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Trust property---Consent of Advocate General---Rejection of plaint---Scope---Defendants moved an application for rejection of plaint on the ground that suit was barred under S.92, C.P.C. as plaintiff had not obtained permission from Advocate General---Application for rejection of plaint was accepted concurrently---Validity---Suit with regard to trust property could be brought either by Advocate General himself or by two or more persons having an interest in the trust after having written consent of Advocate General---Requirement with regard to two or more persons and condition to obtain consent in writing of Advocate General had not been fulfilled in the present case---Plaintiff had no locus standi to institute the present suit---Incomplete suit should not be allowed to further encumber legal proceedings---Stillborn suit must be buried at inception of the same---No flaw had been pointed out in the impugned /order passed by the courts below---Revision was dismissed in limine. Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid Committee and others PLD 1989 SC 283 and S.M. Shafi Ahmad Zaidi v. Malik Hassan Ali Khan 2002 SCMR 338 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Revisional jurisdiction of High Court was limited and same could be exercised only in cases where courts below had exceeded their jurisdiction or had declined to exercise jurisdiction or had acted in exercise of jurisdiction in a manner contrary to law or in a manner not warranted by law. JUDGMENT AFTAB AHMED GORAR, J.--- Through this Civil Revision Application the applicant Muhammad Anwar has challenged the Judgment and Decree dated 28-9-2010 passed by learned IIIrd Additional District Judge, Karachi West in Civil Appeal No.67 of 2007 whereby he dismissed the appeal filed by the applicant and maintained the Order dated l4-7-2007 and Decree dated l8-7-2007 passed by learned IInd Senior Civil Judge, Karachi West in Suit No.652 of 2005 whereby he rejected the plaint in the said suit filed by the…
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