| Citation(s) |
|---|
| 2000 SLG 2249 2000 SLD 2249 2000 PLD 288 |
Sindh High Court
Civil Suit No. 1563 of 1998, decided on 10th September, 1999
RASHEED AHMED RAZVI, J
Mirza Adil Mustafa Baig for Plaintiffs. Muhammad Iqbal Memon for Defendant No. 1. Muhammad Zia-ud-Din Qureshi for Defendant No. 2. Nemo for Defendant No. 3
Civil Suit No. 1563 of 1998, decided on 10th September, 1999
RASHEED AHMED RAZVI, J
Mirza Adil Mustafa Baig for Plaintiffs. Muhammad Iqbal Memon for Defendant No. 1. Muhammad Zia-ud-Din Qureshi for Defendant No. 2. Nemo for Defendant No. 3
Mrs. RAZIA AHMED and another--Plaintiffs
VS
Karachi BUILDING CONTROL AUTHORITY through Chief Controller of Buildings, Karachi and 2 others----Defendants
Law: Civil Procedure Code (V of 1908)
Section: OrderXXXIX,Rule4,1,2,OrderXXIII,1
Law: Karachi Buildings and Town Planning Regulations, 1979
Section: 8,10,9,12
Law: Sindh Building Control Ordinance (XVII of 1979)
Section: 6
(a) Civil Procedure Code (V of 1908)--- ---0. II, R.2 & O.XXIII, R.1---Filing of subsequent suit, during pendency of earlier suit, without seeking leave of the Court--Validity---Where subsequent suit has been filed during pendency of earlier suit and the ' earlier suit has been withdrawn without permission of the Court to institute a fresh suit, subsequent suit is not affected by the provisions of either 0.11, R.2 or O.XXIII, R.1, C.P.C. Haji Ashfaq Ahmad Khan and others v. Custodian of Evacuee Property, Pakistan and others PLD 1966 (W.P.) Kar. 597; The Commissioner of Income-tax, N.C.A. Circle, Karachi and another v. Haji Ashfaq Ahmad Khan and 10 others PLD 1973 SC 406; Irshad Ali v. Islamic Republic of Pakistan and 2 others 1981 CLC 111; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Ram Lal v. Upendra Datt AIR 1928 Lah. 710; Mungi Lal v. Radha Mohan AIR 1930 Lah. 599 and Abdullah v. Bashiran Bibi PLD 1981 Lah. 336 ref. Akhtar. Hussain v. S.M. Hanif and 2 others 1990 MLD 1652 distinguished. (b) Civil Procedure Code (V of 1908)--- ----O.XXVI, R.10---Report of Local Commissioner---Admissibility---Where none of the parties. had raised objection to the report of Local Commissioner, the same was accepted accordingly. (c) Sindh Buildings Control Ordinance (V of 1979)--- ----S. 6(i)---Raising of construction---Approval of building plan. requirement of---Scope---No person can raise construction under provision of S.6(i) of Sindh Buildings Control Ordinance, without first getting building plan approved from Building Control Authority. Mst. Hawa Bai v. Haji Ahmad and another 1987 CLC 558 and Irfan Zamir Butt v. Karachi Metropolitan Corporation and another 1998 CLC 958 ref. (d) Sindh Buildings Control Ordinance (V of 1979)--- ----S. 6---"Construction" or "reconstruction" as used in S.6 of Sindh Buildings Control Ordinance, 1979---Connotation---Term "construction" or "reconstruction" includes all such activities which may change the nature and pattern of a building---Term includes work of major repairs either to be carried out in the existing structure or after demolition of old construction. (e) Sindh Buildings Control Ordinance (V of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492