| Case ID |
020f0925-8b87-4b6e-a672-e6088611b275 |
| Body |
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| Case Number |
Civil Appeal No. 04 of 1990 |
| Decision Date |
Feb 28, 1990 |
| Hearing Date |
Feb 28, 1990 |
| Decision |
The petition was accepted, and the case was remanded back to the Sub Judge, Mirpur, for further proceedings on merits. The High Court found that the rejection of the plaint by the subordinate courts was inappropriate as it did not consider the prima facie cause of action established by the plaintiff. The Court emphasized that the plaintiff's allegations warranted a hearing and should not have been dismissed based solely on the evidence presented at the initial stages. The interim injunction granted earlier was also reiterated, ensuring that the necessary legal conditions were met for its continuation. |
| Summary |
In the case of Jahangir Akhtar vs. Inayat Ahmad and others, the High Court of Azad Jammu & Kashmir reviewed a civil appeal concerning the rejection of a plaint by lower courts. The case revolved around the right to a shop constructed by the plaintiff on land leased from the Municipal Committee. The plaintiff sought a perpetual injunction against the defendants, who claimed ownership of the plot in question. The Court determined that the lower courts failed to recognize the prima facie cause of action, which warranted a detailed examination of the case. The decision underscores the importance of judicial scrutiny in civil proceedings, especially concerning property rights and procedural fairness. This ruling is significant in the context of civil law, highlighting the necessity for courts to thoroughly assess claims before dismissing them. Keywords: civil appeal, injunction, prima facie cause of action, property rights, judicial review. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAJEED MALLICK, C.J,
JAHANGIR AKHTAR
|
| Lawyers |
Ashiq Hussain,
M. Azeem Dull
|
| Petitioners |
Jahangir Akhtar
|
| Respondents |
2 others,
Inayat Ahmad
|
| Citations |
1990 SLD 62,
1990 PLJ 32
|
| Other Citations |
PLD 1954 Sind 70,
PLD 1971 Karachi 250,
PLD 1983 Lahore 278,
1984 C.L.C. 726,
PLD 1981 AJK 16,
1983 C.L.C. 1165
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
II(a)
|