| Case ID |
512d2ec1-9c10-4157-acca-152312e7b2ea |
| Body |
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| Case Number |
Civil Appeal No. 167 of 2004 |
| Decision Date |
Apr 15, 2013 |
| Hearing Date |
|
| Decision |
The appeal has been partly accepted, modifying the impugned order of the Additional District Judge Mirpur dated 28-9-2004. The suit of the plaintiff/appellant was rejected under Order VII, Rule 11, C.P.C. The court found that the plaintiff lacked locus standi as the original plot was allotted to Faiz Alam, and the subsequent actions taken by the Municipal Corporation were deemed illegal and without jurisdiction. The court clarified the difference between dismissal and rejection of a plaint, emphasizing that while dismissal bars further suits, rejection does not. The plaintiff may pursue other causes of action. The appeal is disposed of with no order as to costs. |
| Summary |
This case revolves around a civil suit for declaration and possession concerning a land plot in Mirpur, Pakistan. The appellant, Iftikhar Ahmed Khokhar, claimed ownership of Plot No. 4-A, which was allegedly allotted to him through a series of transactions linked to Faiz Alam. The case highlights significant legal principles under the Civil Procedure Code and the Specific Relief Act. The High Court examined the merits of the suit, the jurisdiction of the Municipal Corporation, and the procedural aspects of plaint rejection versus dismissal. The court emphasized that the plaintiff must demonstrate a legitimate cause of action to proceed with a suit. The judgment reiterates the importance of jurisdiction and the procedural integrity of civil suits in Pakistan's legal framework. This case is pertinent for understanding property rights, land allocation disputes, and the nuances of civil litigation processes. Keywords: civil procedure, land dispute, jurisdiction, property rights, legal principles. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Abdul Hameed Khan, J
|
| Lawyers |
Muhammad Idrees Mughal,
Sardar Muhammad Azam Khan,
Raja Farooq Minhas
|
| Petitioners |
Iftikhar Ahmed Khokhar
|
| Respondents |
33 others,
Muhammad Hussain
|
| Citations |
2015 SLD 587,
2015 MLD 199
|
| Other Citations |
2004 CLC 1340,
2000 CLC 1762,
1998 SCR 153,
1986 PTD 208,
Iftikhar Ahmed Khokhar v. Municipal Corporation Mirpur and 4 others decided by the apex Court on 30-11-2012
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
O.VII,R.11,
42
|