| Case ID |
1a1330d4-0a62-425b-83cf-b1b814c35d10 |
| Body |
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| Case Number |
Suit No. 265 of 1991 |
| Decision Date |
Aug 04, 2016 |
| Hearing Date |
Apr 28, 2016 |
| Decision |
The Sindh High Court dismissed the suit filed by Messrs Sindh Government Employees Co-operative Housing Society Ltd. against the Karachi Development Authority. The court found that the plaintiff failed to establish a contract with the defendant for the outer development work of Scheme No. 33, Karachi. The court noted that the plaintiff society did not deposit the necessary development charges and thus was responsible for the non-completion of the work. Furthermore, the court held that the suit was not maintainable due to the non-joinder of necessary parties and the lack of statutory notice under Article 131 of the KDA Order. Ultimately, the plaintiff's claims for mandatory injunction and damages were rejected, leading to a dismissal of the suit without any order as to costs. |
| Summary |
In the case of Messrs Sindh Government Employees Co-operative Housing Society Ltd. v. Karachi Development Authority, the Sindh High Court addressed the claims of the plaintiff society regarding mandatory injunction and damages due to alleged failures in the outer development work of Scheme No. 33. The court emphasized the necessity of a contract between the parties and the obligation of the plaintiff to deposit development charges. The decision highlighted the importance of statutory compliance, particularly the requirement of notice under the KDA Order, and reinforced the legal principle that a necessary party must be included in a suit for it to be maintainable. The judgment serves as a critical reminder for cooperative societies on the procedural and substantive legal requirements in civil litigation, particularly in matters involving development and construction projects. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Development Authority,
Sindh Government Employees Co-operative Housing Society Ltd.
|
| Judges |
Khadim Hussain M. Shaikh
|
| Lawyers |
M. Islam Laghari,
Iqbal Khurram
|
| Petitioners |
Messrs Sindh Government Employees Co-Operative Housing Society Ltd.
|
| Respondents |
Karachi Development Authority
|
| Citations |
2017 SLD 2423 = 2017 YLR 1541
|
| Other Citations |
Vice-Chancellor and 3 others v. Muhammad Shahzad Khalid PLD 2001 SC (AJ&K) 21
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
10,
54
|