| Citation(s) |
|---|
| 2020 SLG 927 2020 SLD 927 2020 CLC 785 |
Sindh High Court
H.C.As. Nos. 279, 321 of 2018 and 137 of 2019, decided on 5th April, 2019, Date of hearing: 19th March, 2019.
MOHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Mureed Ali Shah for Appellants (in H.C.A. No. 279 of 2018). Malik Naeem Iqbal for Appellant (in H.C.A. No.321 of 2018). Mohammad Mansoor Mir for Appellant (in H.C.A No. 137 of 2019). Salman Talibuddin Additional Advocate General for
Respondents. Adnan
H.C.As. Nos. 279, 321 of 2018 and 137 of 2019, decided on 5th April, 2019, Date of hearing: 19th March, 2019.
MOHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Mureed Ali Shah for Appellants (in H.C.A. No. 279 of 2018). Malik Naeem Iqbal for Appellant (in H.C.A. No.321 of 2018). Mohammad Mansoor Mir for Appellant (in H.C.A No. 137 of 2019). Salman Talibuddin Additional Advocate General for
Respondents. Adnan
MRS. AFROZ SHAH AND ANOTHER
VS
ADVOCATE GENERAL SINDH AND 11 OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 92,93,96,O,XLI,31
Civil Procedure Code (V of 1908)--- ----Ss. 92, 93, 96 & O. XLI, R. 31---Removal of trustees--- Non-framing of issues---Failure to record evidence---Plaintiff was original trustee of public trust who was aggrieved of and decree passed by Single Judge of High Court to add new trustees without framing issues or leading evidence--- Validity--- Judgment in question granted final relief for removal of trustees and appointment of a new set of trustees at preliminary stage while circumscribing right of parties to defend themselves against allegations leveled against suit--- Neither Advocate-General nor other defendants could establish that method of proceeding with a civil suit prescribed in C.P.C. could be dispensed with if a suit was brought under S.92, C.P.C. thereof--- Passing of decree at preliminary stage without having framed issues and/or having provided parties with opportunity to lead evidence in order to prove/disprove respective claims was unsustainable---Division Bench of High Court set aside and decree passed by Single Judge of High Court and remanded the same for decision afresh on merits. Haji Farmanullah v. Latif-ur-Rehman 2015 SCMR 1708; Province of Sindh through Secretary (LU) and others v. Haji Ghano Khan Jatoi and others 2012 CLC 1372 and Ghazala Rahman v. Najma Sultana and others 2012 MLD 188 rel. JUDGMENT AGHA FAISAL, JUSTICE:---.--- -These three appeals were filed assailing the judgment dated 07.08.2018 ("Impugned Judgment"), and decree prepared in pursuance thereof dated 30.08.2018, delivered by a learned Single Judge of this Court in Suit 203 of 2012 ("Suit"). Since the controversy in all three appeals is predicated upon the Impugned Judgment, hence, the said appeals shall be determined vide this common judgment. Briefly stated, the relevant facts herein are that the Suit was filed by the Advocate General Sindh in respect of the administration of the Islamic Education Trust Karachi ("IET"). The prayer clause in the Suit inter alia sought the removal of the defendants from the trusteeship of the IET and the appointment of new trustees in respect of IET. Pleadings were exchanged between the parties inter se and thereafter the matter was…
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