| Case ID |
ffbd77fa-3210-45bf-8fe0-db86920dffec |
| Body |
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| Case Number |
Civil Revision Application No. 74 of 2011 |
| Decision Date |
Apr 15, 2013 |
| Hearing Date |
Apr 01, 2013 |
| Decision |
The revision application was dismissed in limine along with pending applications. The court maintained the judgment of the appellate court, which had set aside the trial court's decree. The appellate court had found that the applicant failed to produce necessary documentary evidence to support his case and had not impleaded the original allottees, whose presence was necessary for a just determination of the case. As a result, the suit filed by the applicant was dismissed for non-joinder of necessary parties, and the appellate court's decision was upheld. |
| Summary |
In this Sindh High Court case, Adnan Ali Chohan filed a civil revision application challenging the appellate court's decision, which had set aside the trial court's decree in his favor. The case revolves around the possession of plots initially allocated to original allottees, with Chohan claiming to have purchased these plots. However, the appellate court found that Chohan failed to produce documentary evidence proving the terms and conditions of the sale or the department's liability to transfer possession. The court emphasized that the responsibility to deliver possession lay with the original allottees, not the respondent department. The court also noted the absence of necessary parties in the proceedings, leading to the dismissal of the suit for non-joinder. The Sindh High Court upheld the appellate court's decision, dismissing the revision application. This case highlights the importance of documentary evidence in property disputes and the necessity of including all relevant parties in legal proceedings to ensure a fair outcome. |
| Court |
Sindh High Court
|
| Entities Involved |
Lines Area Redevelopment Project,
C.D.G.K.
|
| Judges |
AFTAB AHMED GORAR, J
|
| Lawyers |
Muhammad Yousuf Chohan,
S. Ali Bin Adam Jafri
|
| Petitioners |
ADNAN ALI CHOHAN
|
| Respondents |
PROJECT DIRECTOR, LINES AREA REDEVELOPMENT PROJECT, C.D.G.K.
|
| Citations |
2014 SLD 1103,
2014 MLD 158
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
S. 8,
O.I, R.1
|