Haji FAZAL GHANI vs FAZLE AHAD Ss — 2021 YLR 1055 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1055 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: Haji FAZAL GHANI vs FAZLE AHAD Ss
Subject matter: Civil
Provisions referred to: S. 115; S. 5; Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji FAZAL GHANI VS FAZLE AHAD Ss. 96 & 115---Limitation Act (IX of 1908), Art.120---Appeal from original decree---Non-impleadment of necessary party in appeal---Effect---Sister of petitioner filed suit for declaration that she being daughter of deceased was owner of the suit property thus, tamleeq mutation was based on fraud and mala fide, therefore, inoperative upon her rights---Sister of petitioner passed away and her legal heirs were impleaded, however, after rejection of plaint, the appeal was field only by the petitioner, whereas rest of the legal heirs were neither impleaded as appellants nor respondents---Appeal was dismissed---Validity---Petitioner had earlier filed a declaratory suit seeking similar relief but the plaint was rejected and he had not preferred an appeal---Validity---Appeal filed by the petitioner was not competent and similarly, present petition was also not maintainable for the reason that the legal heirs of petitioner's sister were not arrayed as party despite the fact that they were party before the Trial Court---Suit was barred by time in accordance with Art. 120 of the Limitation Act, 1908---Revision petition was filed on 109th day which was to be filed within 90 days as provided in second proviso to S.115, C.P.C.---Petitioner had not filed any application under S.5 of Limitation Act, 1908 for condonation of delay---Revision petition was dismissed, in circumstances.

Other judgments reported in 2021 YLR

2021 YLR 110 QUETTA-HIGH-COURT-BALOCHISTANDEPUTY COMMISSIONER (REVENUE)/COLLECTOR VS MEHRULLAH KHAN. Ss. 18 & 23 - Reference to court - Enhancement of compensation - Referee Judge en…
2021 YLR 90 QUETTA-HIGH-COURT-BALOCHISTANRAKHSHANDA JAMAL VS SHAHID-UL-HASSAN. Art. 199 - Constitutional petition - Maintainability - Pendency of criminal proceedings - Petitioner s…
2021 YLR 2068 PESHAWAR-HIGH-COURTGHULAM MUHAMMAD VS REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR ambiguity, avoiding of---Principle---Each and every part of statute…
2021 YLR 328 ISLAMABADMUHAMMAD NAWAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 1…
2021 YLR 2033 PESHAWAR-HIGH-COURTMUHEEB ULLAH VS State absconsion---Scope---Conviction of an accused could not be based on his abscondence when otherwise the prosecution fai…
2021 YLR 1560 PESHAWAR-HIGH-COURTMEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vi…

Back to the case-law library · Search Pakistani case law in Urdu or English