| Case ID |
d55cbd79-a63d-49ee-9b74-cbd117374013 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 367 of 1994 |
| Decision Date |
Jan 18, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider whether the suit did not suffer from multifariousness of causes of action. The court noted that the respondent society could have been sued for specific performance, recovery of the balance sale price, and permanent injunction. The trial court's decision to reject the application for rejection of the plaint was upheld, as it was based on cogent reasons and did not suffer from illegality. The court emphasized the importance of maintaining the status of the suit land during the pendency of the appeal. |
| Summary |
This case revolves around a civil petition concerning specific performance of an agreement related to the sale of land. The petitioner sought recovery of the balance sale price and a permanent injunction against the respondent society. The initial trial court rejected the respondent's application to dismiss the plaint, asserting that the necessary court fee had been paid. However, upon revision, the High Court ruled that the plaint should be rejected due to a lack of cause of action and multifariousness. The Supreme Court ultimately evaluated the validity of these claims, stressing the need for a clear legal basis for the rejection of the plaint. The decision underscores the significance of detailed legal arguments in civil proceedings and the necessity for courts to carefully assess the validity of claims made in civil suits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
MUHAMMAD MUNIR KHAN,
IRSHAD HASAN KHAN, JJ
|
| Lawyers |
Syed Asghar Hussain Sabzwari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Petitioner,
M. Munir Peracha, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
Raja HAROON RASHID
|
| Respondents |
M/s. UTILITY STORES COOPERATIVE HOUSING SOCIETY LTD.,
Secretary,
55 others
|
| Citations |
1996 SLD 231,
1996 SCMR 1110
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12,
O.VII, R.11,
Art.185(3)
|