| Citation(s) |
|---|
| 2003 SLG 2538 2003 SLD 2538 2003 CLC 682 |
Sindh High Court
Civil Revision Application No.73 of 2001, decision dated: 28-10-2002.
SYED ZAWWAR HUSSAIN, JAFFERY, J
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Civil Revision Application No.73 of 2001, decision dated: 28-10-2002.
SYED ZAWWAR HUSSAIN, JAFFERY, J
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JAMIA MASJID MUHAMMADIA AND MADRASSA FAIZIA
VS
SHAMSHER KHAN and others
Law:
Section:
Specific Relief Act (I of 1877)--------Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss 92 & O.VII, R.11---Suit for declaration and permanent injunction---Rejection of plaint---Plaint was concurrently rejected by Trial Court as well as Appellate Court and suit was dismissed holding that suit fell within the ambit of S.92, C.P.C. and permission of Advocate General was necessary for filing the suit and that suit was not maintainable owing to non-compliance with provisions of S.92, C.P.C.---Validity---Suit under S.92, C.P.C. was of special nature which proposed the existence of a public trust of a religious or charitable character---Such suit could proceed only on the allegations that there was a breach of such a trust or that directions from the Court were necessary for administration of Trust---None of reliefs claimed by plaintiff fell within ambit of S.92, C.P.C. as declaration which was sought by the plaintiffs could not possibly attract applicability of S.92, C.P.C.---Non-compliance of S.92, C.P.C. in the present case would not affect the maintainability of the suit---Two Courts, in circumstances, had illegally and wrongly found that the' suit fell within the ambit of S.92, C.P.C.---Concurrent orders and s passed by two Courts, were set aside in revision by High Court and case was remanded to Trial Court to decide on merits. Trustees of Jamia Masjid Haft Sultan v. Zakir Hussain and others Civil Appeal No.12/K of 1992; Herendranath Bhatacharia and others v. Kaliramdas and others AIR 1972 SC 246 and 2000 CLC 1182 ref. Mahmood Ahmed Khan for Petitioner. Muhammad Aslam Chaudhry for Respondents. Date of hearing: 17th October, 2002. JUDGMENT This revision application is directed against the impugned judgment dated 7-5-2001, passed by the learned Vth Additional District Judge, East-Karachi, whereby Appeal No. 165 of 2000 was dismissed. The order, dated 26-9-2000 passed by the learned XIth Civil Judge, East-Karachi, was challenged and after service of the notice an application under Order VII, rule 11, C.P.C. was filed and after hearing the learned counsel for respective parties, the Suit No.2 of 2002 was dismissed. The applicant has preferred thisβ¦
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