| Case ID |
3765b4a8-57f3-4169-b018-5217d7e0a50f |
| Body |
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| Case Number |
C.A. No. 432 of 2019 |
| Decision Date |
Jun 17, 2022 |
| Hearing Date |
Jun 08, 2022 |
| Decision |
The appeal from the appellant Abid Hussain was dismissed due to the maintainability issue raised by the respondents' counsel. The court determined that the appeal was not competent as it stemmed from a decree passed in the revisional jurisdiction by the Additional District Judge rather than original jurisdiction. The High Court upheld the dismissal of the previous appeal citing Section 96 of the Civil Procedure Code, which allows appeals only from decrees issued under original jurisdiction. The court also referenced several precedents to establish that a decree passed in a revisional capacity does not permit appeal under the stated section. The final conclusion was that the appeal was dismissed with no order as to costs. |
| Summary |
This case revolves around the dismissal of an appeal concerning a suit filed by Abid Hussain for declaration and possession of land. The court's examination emphasized the jurisdictional boundaries of appeals under the Civil Procedure Code. The High Court clarified that appeals can only arise from decrees in original jurisdiction, referencing key legal principles and past judgments to support this stance. The case highlights crucial aspects of civil procedure, specifically focusing on the implications of jurisdictional classifications in legal appeals. The ruling reinforces the legal framework surrounding appeals in civil cases, particularly in the context of jurisdictional authority and the nature of decrees. It serves as an important precedent for future cases involving similar jurisdictional disputes. The decision also underscores the necessity for clarity in legal proceedings and the importance of adhering to established legal protocols. This case ultimately serves as a vital reference for legal practitioners navigating the complexities of civil appeals and jurisdictional authority. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Raja Saeed Akram Khan, CJ.,
Kh. Muhammad Nasim,
Raza Ali Khan,
Muhammad Younas Tahir, JJ.
|
| Lawyers |
Raja Shujaat Ali Khan,
Sardar Shamshad Hussain Khan,
M. Yaqoob Khan Mughal
|
| Petitioners |
ABID HUSSAIN
|
| Respondents |
others,
KHALID HUSSAIN
|
| Citations |
2023 SLD 7098,
2023 PLJ 11
|
| Other Citations |
2014 SCR 1091,
Murtaza Hussain vs. Abdul Aziz others,
Ghulam Sarwar others vs. Mst. Sultan Bibi others,
Abdul Razzak vs. The Collector another
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
96,
1,
2,
11,
42,
9
|