Case Details

Citation(s)
2006 SLG 2143 2006 SLD 2143 2006 CLC 996
Sindh High Court
Revision Application No.23 of 2006, decision dated: 2-03-2006
MUHAMMAD MOOSA K. LEGHARI, J

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ZULFIQAR ALI MALIK--Applicant

VS

Mrs. ISHRAT NAZ KHAN

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction---Nature---Revisional jurisdiction is a discretionary jurisdiction and is meant to be exercised for correcting the errors of law and/or jurisdictional defects of the Courts below---Nothing wrong was found in the impugned order and no perversity, impropriety or illegality had been noticed---Impugned order, in circumstances needed no interference in revision. Muhammad Ibrahim Dasti for Applicant. Respondent in person. Date of hearing: 23rd February, 2006. ORDER MUHAMMAD MOOSA K. LEGHARI, J.--- Through this revision application, the applicant seeks to invoke revisional jurisdiction of this Court for the purpose of satisfying itself about the legality and propriety of the order and decree passed by Judge Small Causes Court. 2. Briefly stated the facts as narrated by the applicant are that the applicant/plaintiff filed a suit against respondent/defendant for recovery of Rs.21,600 pleading that the applicant/plaintiff was tenant of respondent/defendant in respect of flat in Hill Park Apartment situated at Karachi Memon Cooperative Housing Society Limited, Karachi. He deposited the suit amount with the respondent/defendant as security deposit which was refundable at the time of vacating the said flat. It was the case of the applicant/plaintiff that though the flat in question was vacated by him on 31-5-1995 yet respondent/defendant failed to refund security deposit to the applicant/plaintiff despite repeated requests and service of legal notice. Hence the applicant/plaintiff filed a suit against respondent/defendant in the Small Causes Court. 3. In her written statement respondent/defendant inter alia pleaded that the said deposited amount was payable after adjusting rent or any other unpaid charges payable by the tenant. It was further pleaded that the respondent/defendant had not paid rent and other dues such as water charges, sewerage charges, electric charges gas charges etc. and thus, the applicant/plaintiff was liable to a counter-claim. She prayed for counter-claim of Rs.94,625. 4. The applicant/plaintiff filed a written reply to the counter-claim. Thereafter the defendant filed statement…
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