| Case ID |
0029b3cd-f0c3-4948-86fd-1319949524c5 |
| Body |
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| Case Number |
Civil Revision No.8 of 2010 |
| Decision Date |
Apr 08, 2011 |
| Hearing Date |
Apr 04, 2011 |
| Decision |
The Peshawar High Court allowed the revision petition and set aside the judgments and decrees of the two lower courts. The court found that the plaintiffs failed to establish the genuineness of the partition deed they relied upon, which was over forty years old at the time of filing the suit. Additionally, the court emphasized that a decree cannot be challenged through a separate suit under Section 12(2) of the Civil Procedure Code, which requires such challenges to be made through an application to the court that issued the original decree. The findings of the lower courts were deemed to be based on an irregular exercise of jurisdiction, resulting in illegality. The plaintiffs' claims were rejected, affirming the petitioner's ownership of the property in question. |
| Summary |
In the case of Civil Revision No.8 of 2010, the Peshawar High Court dealt with a dispute concerning property ownership between Mst. Asmat Ara and Mst. Rukhsana Shaheen, among others. The core issue revolved around the validity of a private partition deed dated 19-2-1966 and the subsequent judgments rendered in favor of the plaintiffs by the lower courts. The court examined the legal implications of the Civil Procedure Code, particularly Section 12(2), which bars the challenge of a judgment through a separate suit on grounds of fraud or misrepresentation. The court concluded that the plaintiffs were unable to substantiate their claims regarding the authenticity of the partition deed, which was not acted upon for decades. This case underscores the importance of timely legal action and the necessity to adhere to procedural requirements when contesting decrees. The ruling emphasizes the significance of the Civil Procedure Code in maintaining judicial integrity and preventing abuse of the legal system. Keywords: property ownership dispute, partition deed, Peshawar High Court, Civil Procedure Code, legal authenticity, judicial integrity, fraud, misrepresentation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL, J
|
| Lawyers |
Gul Rehman Mohmand,
Irfan Bangash,
Qaisar Jan
|
| Petitioners |
Mst. ASMAT ARA
|
| Respondents |
Mst. RUKHSANA SHAHEEN and others
|
| Citations |
2011 SLD 814,
2011 CLC 1927
|
| Other Citations |
Abdul Rehman and others v. Mst. Sahib Bibi and another 2011 SCMR 191,
Sarfaraz v. Muhammad Aslam Khan and another 2001 SCMR 1062,
Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
12(2),
42
|