Law: Code of Criminal Procedure, 1898

Section: 100, VI Rule 17, 151, XVIII Rule 2, XVIII Rule 17

Summary: The High Court allowed the second appeal, set aside the judgments of the lower courts, and remanded the case to the trial court for a fresh decision on merits after giving both parties a fair opportunity to present evidence, as the earlier dismissal was based mainly on procedural defaults rather than the actual ownership dispute. Sections Used: Section 100, Code of Civil Procedure, 1908 Order VI Rule 17, Code of Civil Procedure, 1908 Section 151, Code of Civil Procedure, 1908 Order XVIII Rule 2, Code of Civil Procedure, 1908 Order XVIII Rule 17, Code of Civil Procedure, 1908 2-Word Description: Property Ownership Procedural Remand Order Sheet This Second Appeal under Section 100 of the Code of Civil Procedure, 1908, is directed against the Judgment dated 28.09.2021 and Decree dated 04.10.2021, passed by the learned District Judge, Malir, Karachi, in Civil Appeal No.111 of 2019, which was dismissed and the Judgment and Decree dated 01.08.2019, passed by the learned Senior Civil Judge, Malir, Karachi, in Civil Suit No.250 of 2012 were maintained. Through the instant appeal, the appellant seeks setting aside of the aforesaid judgments and decrees and remand of the suit to the learned trial court for decision afresh on merits. In a nutshell, the facts of the case are that the appellant/plaintiff, Imtiaz Alam Nasim, through his attorney, filed Civil Suit No.250 of 2012, claiming to be the lawful owner of Flat No. E-111, 1st Floor, Sara Avenue, Sub-Plot No. FIL-2/E-1, KDA Scheme No.33, Karachi, and sought declaration, possession, permanent injunction, and other consequential reliefs against the respondent/ defendant, alleging that respondent No.1 was occupying the flat without lawful title. Upon notice, respondent No.1 filed a written statement claiming ownership on the basis of an alleged sale agreement and general power of attorney. The trial court framed the issues regarding ownership, entitlement to relief, and maintainability of the suit; however, the suit was ultimately dismissed as neither the appellant/plaintiff nor the respondent/defendant led evidence. The appellant thereafter filed Civil Appeal No.111 of 2019, which was also dismissed by the…