| Case ID |
05b2e4e2-b826-4c70-a420-7c0f4a1255d8 |
| Body |
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| Case Number |
Civil Revision No. S-111 of 1999 |
| Decision Date |
Nov 30, 2018 |
| Hearing Date |
Nov 30, 2018 |
| Decision |
The Sindh High Court set aside the ex-parte judgment and decree dated April 11, 1995, as well as the orders passed by the lower courts. The court determined that the lower courts had failed to properly exercise their jurisdiction and had violated mandatory provisions of law. The decision held that the trial court had a duty to evaluate whether the claimant was entitled to any relief, even in an ex-parte situation. The case was remanded to the trial court for a fresh decision, allowing the petitioner the opportunity to contest the matter. The interim order regarding the subject property was confirmed, and the trial court was directed to resolve the matter expeditiously. |
| Summary |
In the case of Civil Revision No. S-111 of 1999, the Sindh High Court examined the implications of an ex-parte judgment and decree passed by the trial court regarding a property dispute. The case revolved around an agricultural land owned by Muhammad Sharif, who contested the validity of a mortgage deed that allegedly led to the foreclosure suit initiated by Mian Sajjad Ahmed. The High Court found that the lower courts had committed material irregularities by failing to ensure a proper evaluation of the plaintiff's claims and by not adhering to the procedural requirements set out in the Civil Procedure Code and the Sindh Land Revenue Act. The ruling emphasized the importance of judicial diligence in ex-parte cases, ultimately leading to the decision to remand the case for fresh consideration. This case highlights critical aspects of property law, procedural compliance, and the rights of defendants in civil litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FAISAL KAMAL ALAM
|
| Lawyers |
Abdul Jabbar Hashmani,
Hanif Arain
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
MIAN SAJJAD AHMED
|
| Citations |
2019 SLD 1708,
2019 CLC 1283
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Land Revenue Act, 1967
|
| Sections |
O.IX,
XXXIV,
R.2,
R.4,
R.13,
42
|