Sheikh HAROON-UR-REHMAN vs MUHAMMAD RAFIQUE Ss — 2022 CLC 167 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 167 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: Sheikh HAROON-UR-REHMAN vs MUHAMMAD RAFIQUE Ss
Subject matter: Civil
Provisions referred to: S. 12

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

Sheikh HAROON-UR-REHMAN VS MUHAMMAD RAFIQUE Ss.12(2) & 12(3)---Qanun-e-Shahadat (10 of 1984), Art.114---Respondent's suit for specific performance was decreed---Estopped, principle of---Applicability---Petitioner's application under S. 12(2) of C.P.C. was dismissed concurrently---Contention that Trial Civil was required to frame issues and decide the said application on merits after recording of evidence---Validity---Petitioner's application under S.12(2) of C.P.C, had been decided on the basis of uncontroverted facts that petitioner had contested the execution petition filed by respondents/decree-holders and got his statement recorded showing his compromise with the respondents and his intention to pay decretal amount; and that application was barred by limitation---Trial/Civil Court was well within its authority to apply any procedure which was fair in the circumstances of the case--¬-No issue was required to be framed and no evidence was required to be recorded in such case which had been decided on the basis of statement of the petitioner/applicant recorded by the executing court---Petitioner had earlier filed objections qua execution while alleging more or less the grounds taken by him in his application under S.12(2) of C.P.C., which grounds were later on withdrawn while recording his statement---Petitioner's application was hit by the doctrine of estoppel---Constitutional petition was dismissed accordingly.

Other judgments reported in 2022 CLC

2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI S.3---Inheritance---Limitation would not run against co-sharers nor could it be allowed to form the basis f…
2022 CLC 492 LAHORE-HIGH-COURT-LAHORESADIQ RASHEED VS Mst. UZMA RIZWAN S.9---Civil Court, exclusive jurisdiction of---Civil Courts had the exclusive/ultimate jurisdiction to dec…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI Registered deed excluding heir---Validity---Donee claiming under a gift that excludes an heir, is required…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI Registered deed excluding heir---Validity---Donee claiming under a gift that excludes an heir, is required…
2022 CLC 1188 LAHORE-HIGH-COURT-LAHOREAYESHA SAJID VS FEDERATION OF PAKISTAN through Finance Secretary arts.189 & 203---"Judgment per-incurium"---Defined---Word "per-incuriam" me…
2022 CLC 1188 LAHORE-HIGH-COURT-LAHOREAYESHA SAJID VS FEDERATION OF PAKISTAN through Finance Secretary "Obiter dicta"---Scope and meaning

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