Case Details

Citation(s)
2015 SLG 2278 2015 SLD 2278 2015 YLR 2298
Sindh High Court
Civil Revision Application No. 70 of 2011, decided on 22nd April, 2013. DATE of hearing: 8th April, 2013
AFTAB AHMED GORAR, J
Imtiaz Agha for Applicant. Shoukat Ali for
Respondent.Sharf-ud-Din Mangi for official
Respondents

HIDAYAT SHAH--Applicant

VS

AMEER KHAN and 2 others

Law:

Section:

(a) Contract Act (IX of 1872)--- ----S.202 ---General Power of Attorney in favour of Sub-Agent, cancellation of ---Scope ---General Power of Attorney executed in favour of Agent by principal contained a clause to the effect that Agent could appoint sub-attorneys and remove any of them at any time ---Power of Attorney in favour of Sub-Agent was neither irrevocable nor deprived the principal of his right to revoke the same ---Power of Attorney in favour of Sub-Agent was revocable by Agent. PLD 2011 Kar. 183 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 54 ---Agreement to sell immovable property ---Validity --Such agreement would not create title in favour of purchaser in property subject thereof. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 ---Rejection of plaint ---Scope ---Court while rejecting plaint could not decide disputed facts liable to be decided on basis of evidence of parties. (d) Civil Procedure Code (V of 1908)--- ----O. I, R. 3 & O. VII, R. 11---Misjoinder or non-joinder of necessary party in suit---Rejection of plaint ---Scope ---No civil proceedings in a court of law could be defeated for such omission or addition. 2009 SCMR 1368 and 2004 CLC 782 rel. (e) Civil Procedure Code (V of 1908)--- ----S. 115 ---Revision petition before High Court ---Concurrent findings of facts by courts below ---Interference in such findings by High Court ---Scope ---High Court could not interfere in such findings except in case of illegal/improper exercise of jurisdiction or commission of an error of law by courts below in arriving at a question of fact. 2006 SCMR 1410; PLD 2007 Kar. 347; 2002 SCMR 1114 and 2012 CLC 165 ref. ORDER AFTAB AHMED GORAR, J.---Through this Civil Revision Application the applicant has challenged the judgment dated 12-1-2011 passed by learned IVth Additional District Judge, Karachi Central whereby he dismissed Civil Appeal No.89/2010 filed by the applicant and upheld Order dated 17-5-2010 passed by learned 1st Senior Civil Judge, Karachi Central whereby he rejected the plaint under Order VII Rule 11, C.P.C. in Suit No.162/2010 filed by the applicant. Precisely the facts of the case are that the applicant filed a…
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