Case Details

Citation(s)
2026 SLG 714 2026 SLD 714 = 2026 SHC 543 = 2026 SHC 546
Sindh High Court
High Court Appeal No.85 of 2014/High Court Appeal No.84 of 2014/High Court Appeal No.83 of 2014
Presented By: Sana Akram Minhas, J
Appellants:                              Mr. Sandeep Malani, Barrister Assistant Advocate General, Sindh Private
Respondents:              Mr. Muhammad Shahzad Ashraf, Advocate Date(s) of Hearing:                  27-1-2026 & 29-1-2026 Date of Decision:                          9-3-2026

( Province of Sindh & Others

VS

. Muhammad Faisal Ahmed & Others ) ( Province of Sindh & Others VS. Metro Estates (Pvt) Ltd & Others ) ( Province of Sindh & Others VS Artistic Denim Mills Limited & Others )

Law: Code of Criminal Procedure, 1898

Section: Order 12 Rule 6

Case Summary: This case involves three appeals against the judgments and decrees dated 17.1.2014 passed by the learned Single Judge in Suits No.1004, 1005, and 1006 of 2007. The suits were filed by private respondents (Plaintiffs) claiming ownership of land in Deh Phihai, Korangi Township, Karachi, totaling 69 acres 11 ghuntas. The main controversy arose because the Plaintiffs relied on an Alleged Admission Letter (5.8.2013) from parties debarred from filing written statements (Non-Contesting Defendants), while other defendants (Contesting Defendants) who actively filed written statements and counter-affidavits were excluded from the judgment. The Non-Contesting Defendants’ admissions were used to grant decrees in favor of the Plaintiffs without adjudicating disputes raised by the Contesting Defendants, who claimed independent ownership of the land. The court noted: The alleged admission letter was questionable in authenticity and self-contradictory. A decree based solely on admissions of some defendants cannot bind other contesting parties. The Plaintiffs’ conduct in withdrawing suits against Contesting Defendants was contradictory and amounted to abuse of process. The case raises issues of third-party rights, multiplicity of proceedings, and unresolved substantive disputes. Decision: The Appeals were allowed. The Impugned Judgments and Decrees (17.1.2014) were set aside, and the Underlying Suits were restored to their prior stage. The matters will now be heard in the District Court under the Sindh Civil Courts (Amendment) Act, 2025, with strict timelines for evidence. Sections / Rules Used: Order 12 Rule 6 CPC – Judgment on admissions. Two 2-Word Descriptions for the Case: Land Dispute Admission Challenge J U D G M E N T    All three Appeals arise out of the Judgments and Decrees dated 17.1.2014 (“Impugned Judgments”) passed by the learned Single Judge in Suits No.1004, 1005 and 1006 of 2007 (“Underlying Suits”) – each instituted separately by private Respondents (who were Plaintiffs in the respective Underlying Suit) – whereby the learned Single Judge allowed the private Respondents’…
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