| Case ID |
38b7d954-115c-4fa2-af33-972356488e57 |
| Body |
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| Case Number |
Civil Revision No. 97/1991 |
| Decision Date |
Sep 26, 1991 |
| Hearing Date |
Sep 24, 1991 |
| Decision |
The Quetta High Court set aside the judgment of Majlis-e-Shoora, Kalat, and accepted the appeal filed by the petitioners Ahmed Hussain and others, transferring the case back to the Court of Qazi Soorab for completion of plaintiffs' evidence and providing an opportunity for rebuttal. The court emphasized that the appellate court's judgment had transgressed its jurisdiction by reversing the trial court's decision without appropriate grounds for relief beyond what had been claimed. The decision reinforced the principle that courts must not exceed their jurisdiction when granting relief. |
| Summary |
In the landmark case of Civil Revision No. 97/1991, the Quetta High Court addressed significant issues surrounding the jurisdiction and decision-making processes of the Majlis-e-Shoora in Kalat. The case revolved around a dispute concerning land ownership between petitioners Ahmed Hussain and others, and respondents Muhammad Ramzan and others. The petitioners claimed ownership of certain land that had been wrongfully recorded in the names of the respondents during a recent settlement. The trial court initially dismissed the petitioners' claims, prompting an appeal to the Majlis-e-Shoora. The Majlis-e-Shoora's decision to reverse the trial court's ruling was challenged in the High Court, which ultimately found that the appellate court had exceeded its jurisdiction. This ruling underscores the importance of adhering to procedural fairness and appropriate jurisdiction in legal proceedings. The case also highlights the necessity for courts to provide a fair opportunity for parties to present their evidence and arguments. Overall, this case serves as a pivotal reference point for issues related to appellate jurisdiction and procedural integrity in civil litigation. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR AHMED MIRZA, J
|
| Lawyers |
Ghulam Mustafa Mengal,
Ahmed Khan Lashari,
Basharatullah,
Aslam Chishty,
SA.M Qadri,
K.N. Kohli,
Tariq Mehmood
|
| Petitioners |
Fazal,
AHMED HUSSAIN
|
| Respondents |
MUHAMMAD RAMZAN
|
| Citations |
1992 SLD 579,
1992 CLC 108
|
| Other Citations |
Not available
|
| Laws Involved |
Dastoorul Amal Diwani (Kalat)
|
| Sections |
S. 24 (3) (1),
S. 115 of Civil Procedure Code (V of 1908)
|