Case Details

Citation(s)
2010 SLG 1456 2010 SLD 1456 2010 YLR 358
Sindh High Court
Civil Suit No. 1413 of 2006, C.M.As.Nos. 8197 and 4091 of 2007, decision Dated: 17-03-2009.
AMIR HANI MUSLIM, JUSTICE
Petitioner(s) by: Ubaird-ur-Rehman
Respondent(s) by: Syed Muhammad Haider

GULZAR NATHANI

VS

NAEEM AHMAD

Law: Qanun-e-Shahadat (10 of 1984)

Section: 84

Law: Specific Relief Act, 1877

Section: 8,39,54

Qanun-e-Shahadat (10 of 1984)--- ---Art.84---Specific Relief Act (I of 1877), Ss.8, 39 & 54---Comparison of signa tures---Scope---Plaintiff had filed suit for possession, cancellation, recovery of articles, damages, permanent injunction against the defendant, whereas defendant had filed suit for specific performance of contract---Both suits were tagged for hearing in order to avoid any conflicting decision---High Court had ample powers to undertake exercise of comparing of signatures; no bar existed either in the Qanun-e-Shahadat, or in any other law which could restrict such comparison---High Court, in the intervening period directed the office to ensure that R&P of the suit filed by the defendant be tagged with the proceedings for hearing on the next date. THIS ORDER PASSED BY: AMIR HANI MUSLIM, J.- Pursuant to the order dated 2-3-2009, the parties are present in court. It is submitted by the learned counsel for the plaintiff that Suit No.978 of 2006 has been filed by the defendant before the Court of VI Senior Civil Judge, Karachi (East), for specific performance of contract. It is further submitted that the suit is at the stage of hearing of injunction application as well as for settlement of issue. The plaintiff has filed this suit for…
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