| Case ID |
0a706082-ac3b-40ee-963d-e3fe7d4dbab5 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-64 of 2006 |
| Decision Date |
May 02, 2006 |
| Hearing Date |
|
| Decision |
The petition filed by Mst. Sikandar Bibi was dismissed by the Sindh High Court due to the non-exhaustion of available remedies under civil revision. The court held that the petitioner did not avail the remedy of civil revision under Section 115 of the Civil Procedure Code, which was available and pertinent in this case. The court emphasized that there were no exceptional circumstances to overlook this requirement, and thus the constitutional petition could not be entertained. The findings of the lower courts were deemed appropriate based on the evidence presented, and the petitioner’s claims were found to lack merit. |
| Summary |
In the case of Mst. Sikandar Bibi vs. Rao Muhammad Jameel, the Sindh High Court addressed the dismissal of a constitutional petition concerning property ownership disputes. The petitioner, Mst. Sikandar Bibi, challenged previous judgments regarding her ownership of a house, asserting that it was gifted to her by her husband. Despite her claims, the court ruled that she failed to utilize the available civil revision remedy under Section 115 of the Civil Procedure Code. The court underscored the importance of adhering to procedural requirements and the non-availability of exceptional circumstances to justify bypassing these provisions. The decision highlighted principles of civil law and constitutional provisions relevant to property disputes, emphasizing the need for proper legal recourse. This case serves as a critical reference for understanding the procedural nuances in civil litigation and the significance of exhausting available legal remedies before seeking constitutional relief. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Mr. Ataullah Khan,
Mr. Saathi M. Ishaque
|
| Petitioners |
Mst. Sikandar Bibi
|
| Respondents |
,
Rao Muhammad Jameel
|
| Citations |
2007 SLD 3035,
2007 PLJ 149
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
115,
199
|