| Case ID |
008ae63b-029a-4d66-b647-290813876254 |
| Body |
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| Case Number |
Civil Revision No.2486 of 2004 |
| Decision Date |
May 25, 2005 |
| Hearing Date |
May 24, 2005 |
| Decision |
The Lahore High Court accepted the petition, setting aside the judgment of the Appellate Court and restoring that of the trial Court. The Court emphasized that the rejection of the plaint was justified as the suit was found to be time-barred and lacking cause of action, thus preventing vexatious litigation. The principles of Order VII, Rule 11 of the Civil Procedure Code were applied to ensure that meritless claims do not proceed to trial, thereby protecting the judicial process from unnecessary burden. |
| Summary |
In the case of Civil Revision No.2486 of 2004, the Lahore High Court addressed the principles governing the rejection of plaints under the Civil Procedure Code. The case revolved around a declaratory suit filed by Fateh Muhammad, claiming ownership of certain land based on orders from Rehabilitation Authorities dating back to 1962. The Court assessed the validity of the plaint, particularly focusing on whether it disclosed a cause of action or was barred by limitation. The judgment highlighted the importance of timely action in legal claims, especially concerning inheritance and property rights, and underscored the need to avoid prolonging litigation that lacks merit. The ruling set a precedent for future cases regarding the jurisdiction of civil courts in matters previously adjudicated by specialized authorities, such as Rehabilitation Authorities, particularly in the context of repealed laws. The decision serves as a critical reference for legal practitioners regarding the interpretation of procedural rules and the management of cases involving time-sensitive claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Dr. A. Basit for Petitioner,
Syed Muhammad Anis Sadiq for Respondent
|
| Petitioners |
anothers,
FARZAND ALI
|
| Respondents |
FATEH MUHAMMAD
|
| Citations |
2005 SLD 1334,
2005 CLC 1223
|
| Other Citations |
1994 SCMR 826,
2003 SCMR 844,
2004 SCMR 517,
PLD 1981 Lah. 735,
PLD 1982 Lah. 368,
2001 MLD 1725,
PLD 19 SC 762
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)
|
| Sections |
O. VII, R.11
|