| Citation(s) |
|---|
| 2025 SLG 3949 2025 SLD 3949 = 2025 LHC 5519 = 2026 PLD 404 |
CIVIL REVISION NO.830-D of 2016
MIRZA VIQAS RAUF, J
Date of hearing: 24.06.2025 Applicants by: M/s Muhammad Amir Butt and Syed Ijaz Hussain Hamdani, Advocates.
Respondents No.1 to 21 & 24 to 32 by: Khawaja Muhammad Asghar Farooq, Advocate.
Respondents No.22 & 23 by: Raja Munir Ahmad, Advocate.
Respondents No.33 to 36: Ex-parte.
SYED IMTIAZ HUSSAIN (Deceased) Through his Legal Heirs etc.
VERSUS
MUHAMMAD HUSSAIN and 35 others
Law: Code Of Civil Procedure, 1908.
Section: 115, 96, XLI RULE 1, XX RULE 6, XX RULE 7
Summary:
The case involves a civil revision under Section 115 C.P.C. arising from a suit for partition of jointly owned property. The trial court decreed the suit preliminarily and later finally, but the decree sheet was not prepared due to delay in submission of stamp duty by the applicants. Respondents filed an appeal after the decree sheet was prepared. The applicants argued the appeal was time-barred and not maintainable. The Court held that since the decree sheet was prepared during the pendency of the appeal, the appeal was maintainable, and no party can suffer due to acts or omissions of the court (“actus curiae neminem gravabit”). The revision application was dismissed, upholding the appellate court’s decision.
Sections Used:
Section 115 C.P.C., Section 96 C.P.C., Order XLI Rule 1 C.P.C., Order XX Rule 6 & 7 C.P.C., Appendix-D
Two-Word Description:
Partition Dispute