| Citation(s) |
|---|
| 1998 SLG 1220 1998 SLD 1220 1998 PLD 59 |
Sindh High Court
Civil Revision No. 104 of 1997, decided on 8th October, 1997.
DEEDAR HUSSAIN SHAH, JUSTICE
Muhammad Aqil for Applicant
Civil Revision No. 104 of 1997, decided on 8th October, 1997.
DEEDAR HUSSAIN SHAH, JUSTICE
Muhammad Aqil for Applicant
MUHAMMAD HAMDAN SHAIKH --Applicant
VS
THE CHAIRMAN, BOARD OF SECONDARY EDUCATION, NAZIMABAD, KARACHI AND 2 OTHERS
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Scope---Declaration could be granted as regards title, legal right, or character---Where prayer of plaintiff did not fall within any of the ingredients provided in S.42, Specific Relief Act, 1877, suit for declaration filed by him was not maintainable. Board of Intermediate and Secondary Education v. Muhammad Zaheer Ahmad 1994 MLD 2208 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Suit of civil nature, filing of---Entitlement to relief---All suits concerning matters of civil nature can be filed and heard by Civil Court---Person seeking particular relief, however, has to satisfy the Court as to under which provision of law, he was entitled to get such relief. Board of Intermediate and Secondary Education v. Muhammad Zaheer Ahmad 1994 MLD 2208; Shafqatullah Qadri v. University of Karachi PLD 1954 Sind 107; Government of East Pakistan v. Federation of Pakistan and another PLD 1962 (W.P.) Kar. 353 and Miss Roohi Shaikh v. Board of Secondary Education, Karachi and others Revision Application No.295 of 1988 ref. (c) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration relating to change of plaintiff's name---Relief claimed by plaintiff did not fall within four corners of S.42, Specific Relief Act, 1877---Courts below in dismissing plaintiff's suit had rightly exercised their jurisdiction and there being no material illegality or irregularity in exercising the same no interference in revisional jurisdiction was warranted in circumstances. THIS ORDER PASSED BY: DEEDAR HUSSAIN SHAH, JUSTICE:---.--- The revision applications have been filed against the concurrent findings of learned District & Sessions Judge, Karachi Central and First Senior Civil Judge, Karachi Central. The facts of the matter are that the applicant filed Suit No.986/93 in the Court of 1st Senior Civil Judge, Karachi Central, stating therein, that the applicant completed his education under the name "Muhammad Shariq Shaikh" up to Matriculation Examination from Gulistan Shah Abdul Latif Boys Secondary School; Karachi, and passed his Matriculation Examination in the year 1989. He also appeared in the…
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