| Case ID |
ffd04e71-1332-436d-b8bc-7fd9c76fed8a |
| Body |
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| Case Number |
Civil Revision No. 1601 of 1980 |
| Decision Date |
Oct 21, 1992 |
| Hearing Date |
Oct 21, 1992 |
| Decision |
The Lahore High Court remanded the case to the Trial Court for a fresh decision after the framing of an issue on the real question in controversy. The High Court found that the real matter in controversy had neither been put to issue nor had been tried and determined by the Courts below. The Court emphasized the duty of the trial court to frame correct issues necessary for the determination of the real controversy between the parties. The failure of the Courts below to determine the material issue amounted to an exercise of jurisdiction illegally or with material irregularity, thus attracting the revisional jurisdiction of the High Court. |
| Summary |
The case revolves around the legal dispute concerning the non-framing of necessary issues in a civil revision case. Mst. Hafeezan Bibi and Noon Muhammad, original owners of a property, contested the validity of a sale transaction allegedly sanctioned without their consent. The Lahore High Court examined the allegations of fraud and misrepresentation in the execution of a general power of attorney and subsequent sale mutations. The Court highlighted the duty of the trial court to frame appropriate issues to address the real controversy. The case was remanded to the Trial Court for reconsideration, emphasizing the importance of correctly framing issues in legal proceedings. This case is significant in understanding the procedural aspects of civil litigation and the role of the judiciary in ensuring justice. Keywords: civil revision, Lahore High Court, legal dispute, property ownership, general power of attorney, fraud, misrepresentation, sale mutation, procedural justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Mst. Hafeezan Bibi,
Noon Muhammad,
Khurshid son of Dina,
Ismail
|
| Judges |
CH. MUSHTAQ AHMAD KHAN, J
|
| Lawyers |
Mian Nisar Ahmed for Petitioner,
Malik Muhammad Nawaz for Respondents Nos. 1 to 5,
Nemo for Respondent No.6
|
| Petitioners |
MANSAB ALI
|
| Respondents |
others,
NAWAB
|
| Citations |
1994 SLD 1201,
1994 CLC 2208
|
| Other Citations |
Ananta Kumar Majumdar and others v. Gopal Chandra Majumdar and others PLD 1961 Dacca 65,
Khan Shah Muhammad Khan v. Allah Diwaya and others PLD 1961 Lah. 743,
Malik Hadayat Ullah and 2 others v. Murad Ali Khan PLD 1972 SC 69,
Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762,
L. Arura Mal v. Mst. Sandhuran AIR 1947 Lah. 290,
Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53,
Muhammad Bux v. Muhammad Ali 1984 SCMR 504
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XIV, R. 1 & S. 115
|