| Case ID |
05c300c0-3acf-4561-8ebf-676cd64eb838 |
| Body |
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| Case Number |
Civil Revision Applications Nos.189 to 195 of 2010 |
| Decision Date |
Sep 30, 2013 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the revision applications, setting aside the impugned orders of the lower courts. The court found that the rejection of the plaints was not valid as the cause of action was disclosed. The court emphasized that the validity of the registered sale-deed could only be determined at trial. The case was remanded for proceedings in accordance with law, reiterating that the rejection of the plaint could not be based on the written statement. The court ruled that the plaintiffs had a right to seek declaration of ownership based on the sale-deed, and the appeals against the earlier orders were upheld. |
| Summary |
In the case of Sindh High Court Civil Revision Applications Nos.189 to 195 of 2010, the court addressed issues related to the rejection of plaints under the Civil Procedure Code and the Specific Relief Act. The applicants sought declarations of ownership over certain lands, asserting their rights based on a registered sale-deed. The respondents contended that the cause of action had ceased due to the filing of subsequent suits. However, the court determined that the initial plaints were improperly rejected, as the cause of action was adequately disclosed. The decision underscores the importance of allowing trials to assess the genuineness of the sale-deed and the entries in the revenue record. The High Court's ruling not only reinstates the applicants' claims but also clarifies the legal principles regarding the rejection of plaints, reinforcing the need for thorough judicial scrutiny in property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, J
|
| Lawyers |
learned counsel for the applicants,
learned counsel for respondents,
learned A.A.G.
|
| Petitioners |
PIYAR ALI
|
| Respondents |
,
AHSAN GONDHAL
|
| Citations |
2014 SLD 1331,
2014 YLR 53
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
Order VII, Rule 11,
Section 42
|