| Case ID |
2abe9fb9-d7bb-4867-b46e-fe45a1ea1a99 |
| Body |
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| Case Number |
Civil Revision No.300 of 2000 |
| Decision Date |
Dec 13, 2005 |
| Hearing Date |
Dec 13, 2005 |
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioner, Muhammad Aslam alias Bhoola, challenging the concurrent findings of the trial court and lower appellate court. The courts below had decreed a suit filed by the respondent, Mumtaz Hussain Baboo, for possession of the disputed property on grounds that the petitioner had taken forcible possession after an earlier suit. The High Court found that the current suit was based on a different cause of action and was not barred under Order II, Rule 2 of the Civil Procedure Code. The impugned decrees were consistent with the record, and no jurisdictional error was identified to warrant interference. |
| Summary |
This case revolves around a civil revision petition concerning possession of property, adjudicated by the Lahore High Court. The petitioner, Muhammad Aslam alias Bhoola, contested the decrees of the trial and appellate courts, which had ruled in favor of the respondent, Mumtaz Hussain Baboo. The legal arguments centered on the applicability of Order II, Rule 2 of the Civil Procedure Code, which addresses the maintainability of suits when a matter has been previously decided. The court determined that the current suit was based on a distinct cause of action, as the petitioner had allegedly taken possession after the previous suit was filed. The ruling emphasizes the importance of establishing a new cause of action for subsequent suits and the need for courts to carefully consider the context of each case. The decision reinforces the principle that legal actions must be grounded in their unique circumstances, ensuring fairness and justice in property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA, J
|
| Lawyers |
Ch. Muhammad Sarwar,
Ch. Javed Rasool
|
| Petitioners |
MUHAMMAD ASLAM alias BHOOLA
|
| Respondents |
another,
MUMTAZ HUSSAIN BABOO
|
| Citations |
2006 SLD 2106,
2006 CLC 860
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
Order II, Rule 2
|