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ABDUL WAHID JEHAJO vs PUNHOON S — 2022 CLC 1386 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
ABDUL WAHID JEHAJO vs PUNHOON S
Subject matter
Civil
Provisions referred to
S. 54---C; 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

ABDUL WAHID JEHAJO VS PUNHOON S.54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for permanent injunction---Rejection of plaint---Scope---Trial Court rejected the plaint---Appellate Court dismissed the appeal---Validity---Plaintiff's father had title documents in his favour with regard to the suit land and there was a prima facie case in his favour---Trial Court ought to have completed the evidence rather than rejecting the plaint capriciously---Respondent had not denied the factum that the plaintiff was one of the legal heirs of the deceased---Respondent had not claimed possession of the subject land---Suit filed by plaintiff was required to have been decided on merits subject to arraying all the legal heirs of deceased as party in the proceedings---Findings recorded by the Courts below rejecting the plaint were held to be erroneous, thus, reversed/set aside---Matter was remanded to the Trial Court for decision on merits.

Other judgments reported in 2022 CLC

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