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Syed TAHWER HUSSAIN RIZVI vs Syed JAVED ALI RIZVI S — 2022 CLC 1196 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1196 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
Syed TAHWER HUSSAIN RIZVI vs Syed JAVED ALI RIZVI S
Subject matter
Civil
Provisions referred to
S. 43---C; S. 9; S. 2; Civil Procedure Code (V of 1908)

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

Syed TAHWER HUSSAIN RIZVI VS Syed JAVED ALI RIZVI S.43---Civil Procedure Code (V of 1908), S.9, O.VII, R.11---Suit for declaration---Respondent's suit was rejected by Civil Court for want of jurisdiction---Appellate Court reversed and remanded the case---Validity---Any suit of civil nature was to be tried by the civil courts unless jurisdiction was expressly or impliedly barred---Curtailment/ouster of jurisdiction of civil Court was to be construed strictly---For applicability of Benami Transaction (Prohibition) Act, 2017 on a transaction, property must be held by a benamidar under clause (a) & (b) of S. 2(8)(A) of the Act and not under exclusion envisaged thereunder---No proceedings had been initiated under Act, 2017 in respect of suit property---Two private persons admittedly related by kinship had dispute as to real ownership---Revision petition was dismissed accordingly.

Other judgments reported in 2022 CLC

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