| Case ID |
09c06f4e-6277-4d2e-b05d-cb716cec2e08 |
| Body |
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| Case Number |
Civil Suit No. 1666 of 2012 |
| Decision Date |
Dec 16, 2014 |
| Hearing Date |
|
| Decision |
The suit for specific performance and possession was dismissed due to the plaintiff's failure to provide a registered power of attorney and properly serve the defendant. The court noted that the plaintiff manipulated court proceedings and failed to comply with mandatory legal requirements regarding the registration of the power of attorney necessary for the sale of immovable property. The court emphasized the need for caution when dealing with cases involving illiterate individuals and highlighted the importance of adhering to legal protocols in civil suits. |
| Summary |
In the case of Civil Suit No. 1666 of 2012, the Sindh High Court ruled on a suit for specific performance of contract involving an illiterate property owner. The plaintiff claimed to have entered into a sale agreement through the defendant's attorney but failed to present a registered power of attorney, which is a legal requirement for the sale of immovable property. The court found that the service of summons was inadequate, as it was delivered to the defendant's maid, which does not constitute proper service. The court dismissed the suit, reinforcing the necessity of proper legal procedures and the registration of power of attorney documents to validate property transactions. This case underscores the critical importance of legal compliance in property sales, particularly when vulnerable parties are involved, and serves as a reminder for legal professionals to ensure all procedural requirements are met in civil litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Not available
|
| Petitioners |
HUMMA EJAZ
|
| Respondents |
Ms. FOZIA JABEEN through Attorney
|
| Citations |
2015 SLD 2332 = 2015 CLC 1071
|
| Other Citations |
Zafarul Islam v. Mrs. Azra Malik PLD 1991 Kar. 377
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Registration Act (XVI of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. V, R.15,
S.17,
S.12
|