| Case ID |
0af15330-69f9-48ba-8efa-cf13087fa658 |
| Body |
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| Case Number |
High Court Appeal No. 7 of 2004 |
| Decision Date |
Apr 27, 2004 |
| Hearing Date |
Apr 13, 2004 |
| Decision |
The appeal was allowed as the High Court found that the order of inspection by the Nazir was outside the scope of the suit initiated by the appellant. The court emphasized that reliefs granted by courts must be confined to what is pleaded in the plaint and that the denial of facts in the written statement does not authorize the court to expand the scope of the suit. The court stated that the respondents had no legal right to seek declarations regarding matters that were not part of the original suit, thus rendering the inspection order null and void. |
| Summary |
The Sindh High Court's decision in High Court Appeal No. 7 of 2004 revolves around the interpretation and application of the Civil Procedure Code, specifically concerning the jurisdiction of courts to grant reliefs beyond the scope of the pleadings. The court ruled in favor of the appellant, Messrs A.R. Builders (Pvt.) Ltd., emphasizing that the trial court's order allowing a Nazir to inspect the construction site of Basera Towers was unjustified as the issue of construction was not part of the original lawsuit. This case underscores the principle that courts are bound by the facts presented in the plaint and cannot extend their jurisdiction based on denials or additional grounds raised in the written statement. The ruling reiterates the necessity for clear boundaries in legal proceedings, ensuring that parties can only seek remedies that are directly related to the claims made in their original filings. The decision highlights the importance of adhering to procedural guidelines in civil litigation, thereby protecting the rights of parties involved. This case is significant for practitioners of law, as it sets a precedent regarding the limits of judicial authority in civil matters, particularly in construction and property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Sarmad,
Jalal Osmani,
Amir Hani Muslim
|
| Lawyers |
K.A. Wahab,
Ashraf Ali Butt,
Nazar Akbar
|
| Petitioners |
Messrs A.R. Builders (Pvt.) Ltd.
|
| Respondents |
Respondent No. 1,
Faisal Cantonment Board,
Respondents Nos. 3, 4 and 5
|
| Citations |
2004 SLD 2762,
2004 PLD 492
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VI, Rr. 1, 7,
O.VII, Rr. 7, 8,
O.VIII, Rr. 1, 6 & 7,
O.XIX, R.18,
O.XXXIX, R.7(1)
|