Case Details

Citation(s)
2001 SLG 1457 2001 SLD 1457 2001 SCMR 1225
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.365 of 1997, decision dated: 28-10-1997
IRSHAD HASAN KHAN, MUNAWAR AHMED MIRZA AND KHALIL-UR-REHMAN KHAN, JJ
Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioners.
Respondents in person

ILAMUD DIN through Legal HeirS

VS

Syed SARFRAZ HUSSAIN through Legal Heirs

Law:

Section:

(a) Constitution of Pakistan (1973) Art.185(3)Civil Procedure Code (V of 1908), O.I, R. 10 & O.VI, R.17AppealRaising of new pleaAmended plaint was filed without permission of Trial Court and the same was not objected to by the -PetitionerPlea of nonimpleading of necessary parties was taken for the first time before Supreme CourtValidity-Petitioners were precluded from raising the plea qua amended plaint at such belated stagePlea raised for the first time before the Supreme Court could not be allowed. (b) Civil Procedure Code (V of 1908) O.XVIII, R.18Constitution of Pakistan (1973), Art.185(3)Local inspection Failure to file objection to inspection noteSuit by the -Respondent was dismissed by Trial CourtLower Appellate Court inspected the disputed site personally in presence of the parties and allowed the appeal on the basis of the inspection noteJudgment of the Lower Appellate Court was assailed before High Court in revision and the same was also dismissedValidityCorrectness of the inspection note which formed basis for reversing the judgment and decree of Trial Court had not been challenged at any stageBoth on legal and factual side, the appellate and revisional forums had appropriately exercised jurisdiction vested in themNo substantial reasons appearing from the record which might warrant interference in the concurrent findings of the Courts belowLeave to appeal was refused. ORDER MUNAWAR AHMED MIRZA, J. Facts narrated in the petition briefly mentioned are that -Respondents filed a Civil Suit No.3257 of 1978 in the Civil Court. Karachi East against the -Petitioners claiming mandatory and prohibitory injunction regarding plot of land bearing No.GRE672VII AE 663G/1A measuring 2230 sq. yards situated in Clayton Road, New Town, Karachi. Plaintiffs/-Respondents had alleged that -Petitioners unauthorisedly raised temporary construction in the land constituting passage of their house and infringed their basic right besides affecting value and utility of the property. Suit was contested by the -Petitioners and objections regarding valuation, maintainability of the suit, bar of limitation and locus standi were raised. Record discloses that amended plaint was…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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