| Case ID |
17963efd-fa98-4195-adae-f46bb82b2eff |
| Body |
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| Case Number |
C.P. No.1787 of 2005 |
| Decision Date |
Jan 16, 2006 |
| Hearing Date |
Jan 16, 2006 |
| Decision |
This petition is converted into appeal which is allowed to the extent that the order passed by the learned trial Court under Order VII, rule 11, C.P.C. on 16-11-2002 is upheld and orders of the revisional Court, dated 15-7-2004 and the learned High Court dated 22-3-2005 are set aside. Controversy qua the amendment of the plaint shall remain open in the interest of justice and fair play and the parties are at liberty to avail appropriate remedy before the trial Court in accordance with law. The learned trial Court shall, of course, after framing the issues and recording the evidence decide the suit without being influenced by the observation of this Court. Appeal allowed. |
| Summary |
In the landmark case C.P. No.1787 of 2005, adjudicated by the Supreme Court of Pakistan on January 16, 2006, the petitioner, Abdul Waheed, challenged the decisions stemming from a complex land dispute initially addressed by the Peshawar High Court in Writ Petition No.183 of 2004. The case revolves around the annulment of a land allotment originally granted to Noor Muhammad, a predecessor-in-interest of the respondents, and the subsequent legal maneuvers to reclaim ownership and possession of the disputed land measuring 105 Kanals and 6 Marlas in Mauza Dera Ismail Khan.
The Settlement Department, upon inspection, identified irregularities in the allotment process, leading to the cancellation of the allotment by the Deputy Rehabilitation Commissioner in 1963. Multiple appeals and revisions followed, with the Peshawar High Court initially dismissing the constitutional petitions filed by the aggrieved parties. The petitioner, appointed as a special attorney by the legal heirs of Noor Muhammad, further complicated the litigation by executing agreements and filing applications to amend the plaint, which were contested by the respondents under Order VII, Rule 11 of the Civil Procedure Code (C.P.C.).
The Supreme Court's decision emphasized the binding nature of its observations under Articles 189 and 190 of the Constitution of Pakistan, asserting that such observations must be adhered to by all state organs. The Court highlighted the principles governing the rejection of pleadings, stating that a plaint can only be dismissed when the allegations within it, if accepted, do not entitle the plaintiff to any relief. In this case, the Supreme Court found that the trial court had rightfully allowed the amendment of the plaint, ensuring a fair trial and the opportunity to resolve substantive issues through evidence and judicial scrutiny.
Key legal frameworks involved include the Constitution of Pakistan (1973) Articles 189 & 190, Specific Relief Act (I of 1877) Sections 12 & 42, and the Civil Procedure Code (V of 1908) Orders VI and VII, Rule 11. The Court underscored the necessity of a clear cause of action and the presumption of truth in the plaintiff's averments when considering the rejection of a plaint.
Throughout the proceedings, various legal precedents were cited, including cases like S. Sibtain Fazali v. Star Film Distributors (PLD 1964 SC 337) and Mst. Karim Bibi and others v. Zubair and others (1993 SCMR 2039), reinforcing the Court's stance on the admissibility and grounds for dismissing pleadings. The involvement of prominent lawyers such as Gulzarin Kiani and Mian Abdul Rauf further underscored the case's significance within Pakistan's legal landscape.
The Supreme Court ultimately allowed the appeal to the extent that it upheld the trial court's decision under Order VII, Rule 11, C.P.C., while setting aside the orders of the Revisional Court and the Peshawar High Court. The Court maintained that the controversy over the amendment of the plaint remains unresolved, directing the parties to seek appropriate remedies in the trial court to ensure justice and fair play.
This case is pivotal in understanding the procedural safeguards within Pakistan's legal system, particularly concerning land disputes, the amendment of pleadings, and the hierarchical authority of Supreme Court observations. It serves as a reference for future litigations involving complex property claims, the proper execution of legal agreements, and the interpretation of constitutional and procedural laws in ensuring equitable resolutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
High Court,
Peshawar High Court,
Settlement Commissioner,
Chief Settlement Commissioner,
Additional Settlement Commissioner,
Settlement Department,
Deputy Rehabilitation Commissioner,
Additional District Judge, D.I. Khan,
Court of Additional District Judge, D.I. Khan,
Senior Civil Judge, D.I. Khan,
Trial Court,
Revisional Court
|
| Judges |
SARDAR MUHAMMAD RAZA KHAN,
SAIYED SAEED ASHHAD,
CH. IJAZ AHMAD
|
| Lawyers |
Gulzarin Kiani,
Ch. Akhtar Ali,
Mian Abdul Rauf,
M.S. Khattak
|
| Petitioners |
ABDUL WAHEED
|
| Respondents |
others,
Mst. RAMZANU
|
| Citations |
2006 SLD 2480 = 2006 SCMR 489
|
| Other Citations |
S. Sibtain Fazali v. Star Film Distributors and another PLD 1964 SC 337,
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411,
Shah Muhammad v. Inayat Ullah and others PLD 1953 Lah. 87,
Mst. Karim Bibi and others v. Zubair and others 1993 SCMR 2039
|
| Laws Involved |
Constitution of Pakistan,
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
Article 189,
Article 190,
Section 12,
Section 42,
Order VII, Rule 11,
Order VI, Rule 17
|