Law: Civil Procedure Code (V of 1908)

Section: 70

Law: Muhammadan Law

Section:

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

Section:

  Civil Procedure Code (V of 1908)-- ----0. I, R.9---Non-joinder of a party---Effect---Questions arising in suit between parties could be determined effectively in absence of third party--Third party being not a necessary party, suit was not bad for non-joinder of such party. Sindh Cooperative Societies Act (VII of 1925)-- ----S. 70---Want of notice upon society---Effect---Notice had to be served upon co-operative society before a suit was filed against it---No suit having been filed against co-operative society question of want of notice upon society would not arise. Muhammadan Law-- ----Gift---Locus standi to challenge gift---Gift of land to petitioner by allottee of land -- -Allottee affirming such gift in presence of Authority and transferring possession to petitioner---Defendants being total strangers to such transaction were not entitled to question validity of gift. Qanun-e-Shadadat (10 of 1984)-- ----Art. 78---Documents---Proof---Documents allegedly signed and executed by vendor (defendant)---Such documents were produced by a defendant not a party to alleged transaction---Vendor (defendant) was not confronted with those documents---Such documents not produced by the vendee herself and alleged vendor having not been confronted with them, would have no evidentiary value---Documents in question, however, showed various interpolations and additions made therein---Such documents were not proved in circumstances. I.H. Zaidi for Plaintiff. Talmiz Burney and Mushir Alam for Defendants. Dates of hearing: 19th April and 11th May, 1993. JUDGMENT By a short order dated the 11th May, 1993, I had decreed the suit as prayed. The reasons for the judgment, which could not be recorded at once due to lack of time are, as follows. The suit concerns a plot of land bearing No.B/300, measuring 563.33 sq. yards, situated in Block No.6, Karachi Administration Co-Operative Housing Society Limited. It is the common ground between the parties that the plot was allotted originally by the Society to the defendant No.4. The plaintiff alleges that the defendant No.4 made a oral gift of the plot in her favour and subsequently applied to the Society for transfer of the plot to the…