| Case ID |
2e5f9871-5ea5-4784-a61a-aa8aba8583cb |
| Body |
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| Case Number |
Writ Petition No. 14822 of 2004 and Writ Petition |
| Decision Date |
Mar 22, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitions filed by Muhammad Iqbal and Muhammad Shoaib, ruling that the lower courts had not committed any illegality. The court emphasized that the applications were decided according to the law and the record. The court also directed that the case should be concluded expeditiously within four months, reflecting the necessity of timely justice especially given the familial nature of the dispute. The court found that the petitioners had established elements of fraud and misrepresentation, thus the applications under section 12(2) of the Civil Procedure Code could not be dismissed. The ruling stressed the importance of thorough examination of evidence and adherence to procedural requirements in judicial proceedings. |
| Summary |
This case revolves around a dispute regarding the ownership of land measuring 1240 Kanals and 9 Marlas in Chak No.6, District Bhakkar. The main petitioners, Muhammad Iqbal and Muhammad Shoaib, contested the validity of a sale agreement and power of attorney executed in favor of Sabir Hussain, alleging fraud and misrepresentation. The Lahore High Court evaluated the applications filed under the Civil Procedure Code and the Qanun-e-Shahadat, stressing the need for a fair trial process. The court ultimately dismissed the petitions but directed for an expedited resolution of the case, which has been pending since 2000. This ruling highlights the significance of judicial integrity and the necessity for courts to ensure that justice is served promptly in familial disputes. Keywords: Lahore High Court, Civil Procedure Code, Qanun-e-Shahadat, ownership dispute, fraud, legal representation, judicial integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Ch. Bashri Ahmad
|
| Petitioners |
MUHAMMAD IQBAL
|
| Respondents |
MUHAMMAD SHOAIB,
Mst. Ghazala Yasmeen,
Riaz Ayub,
Sabir Hussain
|
| Citations |
2006 SLD 558,
2006 PLD 451
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12(2),
Order VII, Rule 11,
Order XL, Rule 1,
Order I, Rule 10,
117
|