Law: Civil Procedure Code (V of 1908)

Section: 15,2

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O.VI, R.15 O. X, R. 2---High Courts ( Lahore ) Rules and Orders, Vol. 1, Chap. 1, Pt. C, Clauses 4 9---Specific Relief Act (I of 1877), Ss. 42 54---Suit for declaration and permanent injunction---Signing and verification of pleadings---Scope---Suit was not instituted by the plaintiff himself , instead by his relative, after obtaining his signatures on the plaint---Maintainability---Oral examination of the party or companion of party---Scope and effect---Held, that person (litigant) himself was to verify the pleadings on oath or on solemn affirmation under R.15, O.VI of the Civil Procedure Code, 1908, as well as under the High Court Rules and Orders---Petitioner/ plaintiff had admitted in his statement recorded under R.2, O.X of C.P.C, while appearing before the Trial Court, that his relative had instituted the suit after obtaining his signatures---Petitioner neither dictated the plaint nor imparted facts of the case to his counsel--- Petitioners counsel had not obtained his signatures on the plaint as well as under verification statement after reading out contents of the plaint---Alleged verification, if any, made by the petitioner on the plaint, admittedly, was without knowing the contents of the plaint --- Appellate Court had rightly observed that when plaintiff had admitted before the Court of law that his relative got instituted the suit by obtaining his signature and that he had no knowledge about contents of the case then he could not adduce/record his evidence properly as he was not acquainted with the facts of the case ---Verification made by the plaintiff was also not as per requirement of law----Both the Courts below had rightly exercised their vested jurisdiction by holding that the suit of the plaintiff was not maintainable---No illegality or infirmity was found in the impugned s and decrees passed by both Courts below---Revision petition was dismissed, in circumstances. ORDER SHAHID BILAL HASSAN, J.---- Succinctly, a suit for declaration with permanent and mandatory injunction was instituted on behalf of the petitioner. The respondents Nos.2, 7, predecessor of the respondents Nos.8 to 16 and respondent No.18…

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