| Case ID |
f81dfa3f-01d8-4ef5-9591-726f435ed75e |
| Body |
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| Case Number |
R.F.A. No. 169 of 2009, C.M. Appeal No. 14 of 2015 |
| Decision Date |
Nov 30, 2018 |
| Hearing Date |
Oct 29, 2018 |
| Decision |
The Balochistan High Court found that the suit for declaration against trust property was not maintainable without obtaining the consent of the Advocate General, as mandated by Section 92 of the Civil Procedure Code. The trial court's decree was set aside because the necessary permission was not obtained, and the case was deemed to have been filed improperly. Additionally, the court addressed issues related to the Shamilat Deh land, stating that no specific shares could be declared in possession of any owner until partitioned by the revenue authorities. The court emphasized that all legal heirs must be included in any suit concerning common property. The case was disposed of with the decision to set aside the orders of the lower courts regarding the specific properties in question, with the remaining decrees upheld. |
| Summary |
In the case involving Noor Ahmed and others against Bashir Ahmed and others, the Balochistan High Court addressed critical issues regarding the maintainability of a suit for declaration against trust property without the necessary consent from the Advocate General. The case highlights the importance of adherence to procedural requirements under the Civil Procedure Code and the Specific Relief Act when dealing with trust properties and Shamilat Deh lands. The court's ruling reinforces the legal principle that consent from the Advocate General is mandatory for suits involving public trusts, thereby ensuring that such matters are handled with the requisite legal oversight. Furthermore, the court clarified the limited jurisdiction of civil courts concerning Shamilat Deh land, underscoring that no specific ownership claims can be established without proper partitioning by revenue authorities. This decision serves as a precedent for future cases involving similar legal principles, emphasizing the necessity of compliance with statutory requirements to uphold the integrity of legal proceedings. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Tariq Ali Tahir (in R.F.A. No.169 of 2009),
Nemo (in Civil Revision Petition No.78 of 2018),
Syed Manzoor Ahmed Shah Nos.1 to 11 (in R.F.A. No.169 of 2009),
Syed Manzoor Ahmed Shah for Respondents Nos.1 to 11 (in Civil Miscellaneous Appeal No.14 of 2015),
Zahoor Ahmed Baloch, Assistant A.G. for Official Respondent (in Civil Miscellaneous Appeal No.14 of 2015),
Tariq Ali Tahir for Respondents Nos.1, 2 and 2(i) to 2(xi) (in Civil Revision No.78 of 2018),
Zahoor Ahmed Baloch Asstt. A.G. for Official Respondents Nos.1 to 11/decree holders (in Civil Revision Petition No.78 of 2018),
Zahoor Ahmed Baloch, Additional A.G. for Official Respondent (in Civil Revision Petition No.78 of 2018)
|
| Petitioners |
NOOR AHMED AND 2 OTHERS
|
| Respondents |
BASHIR AHMED AND OTHERS
|
| Citations |
2019 SLD 1707 = 2019 CLC 1291
|
| Other Citations |
Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid Committee and others PLD 1989 SC 283,
1993 SCMR 381,
Khalique Ahmed v. Abdul Ghani and another PLD 1973 SC 214
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
12(2),
92,
151,
152,
153,
O.VII,R.11(d),
42
|