| Case ID |
39630b71-c4dc-45bb-9dc9-2c8502317549 |
| Body |
View case body. Login to View |
| Case Number |
N/A |
| Decision Date |
Jan 18, 2010 |
| Hearing Date |
Jan 18, 2010 |
| Decision |
The court found that the trial court had failed to comply with the mandatory provisions of Order I, Rule 8 of the Civil Procedure Code, which governs representative suits. The court noted that the plaintiffs had filed a proper application to sue through representatives due to the large number of defendants. The trial court's decree was set aside and the case was remanded for a fresh trial in accordance with the law. This decision emphasized the importance of following procedural rules to avoid unnecessary delays and wastage of resources in the judicial process. |
| Summary |
This case revolves around a civil suit filed for declaration, injunction, and possession of land by residents of Mauza Beshooni. The suit was initiated due to the large number of inhabitants, making individual suits impractical. The plaintiffs applied to sue through representatives, but the trial court overlooked this application, leading to a decree in favor of the plaintiffs. The appellate court also failed to address the procedural irregularity. The High Court intervened, emphasizing strict adherence to legal procedures and remanded the case for proper handling in the trial court. This case highlights the significance of legal compliance in civil litigation and the consequences of judicial oversight. Keywords: civil procedure, representative suits, Peshawar High Court, Specific Relief Act, judicial compliance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL AZIZ KUNDI, J
|
| Lawyers |
Abdul Sattar Khan,
Syed Wilayat Ali Shah Bukhari,
Shah Baroz Khan Buneri
|
| Petitioners |
others,
SAHIB GUL,
ABDUL AZIZ KUNDI
|
| Respondents |
others,
MARWARANG
|
| Citations |
2010 SLD 2581,
2010 CLC 658
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
8,
42,
54,
O.I, R.8,
S.99
|