Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

Law: Civil Procedure Code (V of 1908)

Section: O.1,XX,R.5,10

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Discretionary relief---Scope---Relief of declaration being discretionary in nature could be granted in a case where substantial injury is established---In absence of denial of right no relief of declaration can be granted---Where right to legal character or property is not involved suit for declaration is not maintainable. Aziz Ullah Khan and others v. Gul Muhammad Khan 2000 SCMR 1647; Chief Engineer, Irrigation Department and others v. Mazhar Hussain and others PLD 2004 SC 682 and Evacuee Trust Property Board and others v. Haji Ghulam Rasul Khokhar and others 1990 SCMR 725 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Claim for negative declaration---Scope---Claim of negative declaration was not barred under the law but in order to reach on just conclusion, the pith and substance of the suit matters. (c) Specific Relief Act (I of 1877)--- ----S. 42---Expression "legal character"---Meaning and scope. Naseem-ul-Haq v. Raes Aftab Ali Lashari 2015 YLR 550 and Ilyas Ahmed v. Muhammad Munir PLD 2012 Sindh 92 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI MAZHAR, J.--- This suit has been brought to entreat declaration that defendants have no right and authority to interfere in the rights of the plaintiffs to use and enjoy the suit property bearing Survey No.3, Sheet No.C.F.1-5, Scheme No.5, measuring 3131 sq. yards situated in Clifton, Karachi. The plaintiffs have further sought the declaration that the demolition action taken by the defendants without notice to the plaintiffs was illegal. The plaintiffs have also prayed for the permanent injunction restraining the defendants from interfering with the possession of the plaintiffs. 2. It reflects from the record that sufficient time was provided to the defendants Nos.1 to 4 to file their written statement. The order dated 08.05.2006 shows that the counsel for the said defendants requested for one week's time to file written statement or the statement adopting the written statement filed by the defendant No.5. In the interest of justice three weeks' time was allowed by this court to file the written statement or a…

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