| Case ID |
d691dcf6-9b11-4aec-9e8a-0a2393f74484 |
| Body |
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| Case Number |
Civil Revision Application No. S-61 of 2016 |
| Decision Date |
Apr 24, 2018 |
| Hearing Date |
Apr 06, 2018 |
| Decision |
The Sindh High Court dismissed the revision application challenging the appellate court's decision which had remanded the case back to the trial court for a full trial on all issues. The appellate court found that the trial court had erred in dismissing the suit solely on the basis of the limitation issue without addressing the other significant issues presented. The appellate court correctly determined that the applicable limitation period for the case was Article 120 of the Limitation Act, 1908, rather than Article 91. The trial court's failure to decide all framed issues was seen as a violation of procedural mandates under Order XX Rule 5 of the Civil Procedure Code. The court emphasized the necessity for a comprehensive evaluation of the evidence and claims presented, particularly in light of the allegations of fraud regarding the power of attorney. Consequently, the case was remanded for proper adjudication of all issues, ensuring the parties' rights are preserved. |
| Summary |
In the case of Civil Revision Application No. S-61 of 2016, the Sindh High Court addressed significant procedural issues regarding the dismissal of a suit for declaration, permanent injunction, and cancellation of documents based on limitation grounds. The trial court had dismissed the suit without addressing all issues, which included claims of fraud related to a power of attorney. The appellate court intervened, finding that the trial court's decision was flawed as it failed to consider the broader implications of the case, particularly the alleged fraudulent actions concerning the property in question, which involved significant agricultural land. The appellate court ruled that the correct limitation period for the case was Article 120 of the Limitation Act, thereby allowing the respondents to pursue their claims. This case highlights the importance of thorough judicial examination in civil proceedings, especially when allegations of deceit and fraud are involved. The court's decision to remand the case ensures that all relevant issues are properly adjudicated, safeguarding the rights of the parties involved, and reinforcing the principles of justice and fairness in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
United Bank Limited,
Mst. Sahib Khatoon,
Mst. Aijaz Fatima,
Rahim Bux,
Ghulam Hussain Brohi
|
| Judges |
ZULFIQAR AHMAD KHAN
|
| Lawyers |
Suresh Kumar,
Arbab Ali Hakro
|
| Petitioners |
Inayat Ali and Others
|
| Respondents |
Afsar Hussain Ph.D and Others
|
| Citations |
2019 SLD 1302,
2019 CLC 915
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Specific Relief Act, 1877
|
| Sections |
O.XX,R.5,
91,
120,
39,
42,
54
|