| Case ID |
0043cc8d-b8fc-4784-81dc-767edfcae859 |
| Body |
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| Case Number |
Regular First Appeal No 3 of 1993 |
| Decision Date |
Apr 12, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the objections raised by the respondents regarding the maintainability of the appeal. The court noted that the appeal was filed without impleading necessary parties and that the memorandum of appeal was not accompanied by the decree sheet, leading to its dismissal as incompetent. The court emphasized that the rejection of a plaint is deemed a decree under the Civil Procedure Code, thus rendering the appeal invalid without the required documentation. The ruling highlighted the importance of adhering to procedural requirements in civil matters and maintained that the appellants had failed to address these critical aspects, leading to the dismissal of their appeal. |
| Summary |
In the case of Regular First Appeal No 3 of 1993, the Lahore High Court addressed crucial issues relating to the rejection of plaints and the procedural requirements for filing appeals. The appellants, FAQUIR MUHAMMAD and 48 others, sought ownership declarations over houses constructed on state land, which were contested by the Province of Punjab. The court examined the jurisdiction of the appellate court under the West Pakistan Civil Courts Ordinance and the implications of the Civil Procedure Code. It was determined that the appellate court acted within its authority in addressing urgent matters. However, the appeal was ultimately dismissed due to the absence of necessary parties and the lack of a decree sheet, highlighting the importance of compliance with legal requirements in civil proceedings. This case serves as a significant precedent in understanding the procedural intricacies of civil appeals and the necessity of proper documentation to maintain the validity of legal actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
USAF ALI KHAN, J
|
| Lawyers |
Oamar Hameed Hashmi for Appellants,
Ch. M. Ashraf Akhtar for Respondents Nos.1 and 2,
Ch. Abdul Sattar for Respondents Nos.3 and 4
|
| Petitioners |
FAQUIR MUHAMMAD and 48 others
|
| Respondents |
PROVINCE OF PUNJAB through Collector//Deputy Commissioner and 4 others
|
| Citations |
1993 SLD 1173,
1993 PLD 439
|
| Other Citations |
PLD 1982 SC 46,
PLD 1987 Lah. 387,
Ghulam Muhammad v. United States Agency for International Development (U.S. Aid) Mission, Islamabad 1986 SCMR 907,
Imam Gul v. Mst. Begum Jai 1980 CLC 530,
Muhammad Anwar etc. v. Mst. Soma 1981 CLC 1479,
Abdul Majeed and 6 others v. Mst. Haleema and 18 others 1987 CLC 2331
|
| Laws Involved |
West Pakistan Civil Courts Ordinance, 1962,
Civil Procedure Code, 1908
|
| Sections |
22,
O.VII, R.11,
O.XLI, R.1,
2(2),
96
|