| Case ID |
f602c8fa-bab3-4be3-afaa-60cf4f0468c1 |
| Body |
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| Case Number |
F.C. Suit No. 19 of 1987 |
| Decision Date |
Jan 13, 2016 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition challenging the orders of the lower courts regarding the assessment of mesne profits. The court upheld the decision of the trial court, which had accepted the Commissioner's report for the assessment of mesne profits and ordered the preparation of a final decree. The petitioners' claims that they were denied the opportunity to cross-examine the Commissioner were found to lack merit, as the examination was not mandatory under the applicable civil procedure rules. The court noted that the petitioners had failed to demonstrate how the Commissioner's report was prejudicial to their interests and that their objections were seen as attempts to delay the proceedings. |
| Summary |
In the case of F.C. Suit No. 19 of 1987, the Sindh High Court addressed issues surrounding the assessment of mesne profits following a prolonged legal dispute among family members over property rights. The petitioners, represented by Pirbhulal U. Goklani, challenged the lower courts' rulings that accepted the Commissioner's report regarding the share of mesne profits owed to the respondents. The petitioners contended they were denied the chance to cross-examine the Commissioner, arguing that this constituted a miscarriage of justice. However, the court clarified that under Order XXVI, Rule 9 of the Civil Procedure Code, examination of the Commissioner is not a mandatory requirement, allowing the court discretion in this matter. The court emphasized the importance of finality in legal disputes and the need to avoid further delays. Ultimately, it upheld the findings of the lower courts as the petitioners failed to present compelling evidence of any irregularities in the Commissioner's report. This case highlights the complexities of civil procedure and the importance of adhering to established legal frameworks in property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL MAHAR,
MUHAMMAD IQBAL KALHORO
|
| Lawyers |
Pirbhulal U. Goklani,
Saeed-ud-Din Siddiqui
|
| Petitioners |
MUHAMMAD IQBAL KALHORO,
ALI NAWAZ through L.Rs.,
MUHAMMAD IQBAL MAHAR
|
| Respondents |
Mst. ZAINAB through L.Rs.
|
| Citations |
2016 SLD 3021,
2016 CLC 1202
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXVI, R. 9
|