Case ID |
e11961f9-2438-4dc6-aacb-c4966fc96ca1 |
Body |
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Case Number |
Civil Revision No. 606-P of 2012 |
Decision Date |
Oct 28, 2013 |
Hearing Date |
Oct 28, 2013 |
Decision |
The Peshawar High Court accepted the civil revision petition filed by the petitioner, MST. NOOR BIBI, and set aside the judgments of both the learned lower courts. The case was remanded back to the Trial Court to continue proceedings from the stage where it was discontinued due to the rejection of the plaint. The court concluded that the rejection of the plaint was not justified as there had been no evidence presented by either party, and the dispute required a thorough examination of facts and evidence. The court highlighted that the allegations made by the petitioner regarding the sale mutation being fraudulent needed to be investigated further. |
Summary |
In the case of MST. NOOR BIBI vs. MST. MUKARAMA BIBI, the Peshawar High Court dealt with a civil revision regarding a dispute over a sale mutation that was alleged to be fraudulent. The petitioner, MST. NOOR BIBI, challenged the legality of the sale mutation that transferred ownership of land to the respondent, MST. MUKARAMA BIBI, through a power of attorney allegedly obtained through fraud. The court emphasized the importance of evaluating the 'cause of action' based on the plaint's allegations rather than dismissing it without evidence. The decision reinforced the principle that a proper examination of facts and evidence is essential in civil suits, particularly when allegations of fraud are involved. This case serves as a significant reference for similar disputes involving property rights and the validity of power of attorney in transactions. Key phrases such as 'civil revision', 'sale mutation', 'fraudulent transfer', and 'cause of action' are integral to this legal context, making it relevant for ongoing discussions in property law. |
Court |
Peshawar High Court
|
Entities Involved |
Not available
|
Judges |
IKRAMULLAH KHAN
|
Lawyers |
Abdul Sattar Khan,
Nemo
|
Petitioners |
MST. NOOR BIBI
|
Respondents |
MST. MUKARAMA BIBI
|
Citations |
2014 SLD 707 = 2014 YLR 1494
|
Other Citations |
2001 CLC 88,
2009 YLR 451,
2011 CLC 490
|
Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
Sections |
11,
42
|