ISLAMIC EDUCATION TRUST vs PROVINCE OF SINDH through Secretary, Education and Literacy Department O — 2022 CLC 344 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 344 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: ISLAMIC EDUCATION TRUST vs PROVINCE OF SINDH through Secretary, Education and Literacy Department O
Subject matter: Rent

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

ISLAMIC EDUCATION TRUST VS PROVINCE OF SINDH through Secretary, Education and Literacy Department O.VI, R.17---amendment of pleadings---Scope---appeal was directed against the order passed by Single Judge of High Court whereby an application for discarding the amended written statement was dismissed---Validity---amendment in the plaint was allowed whereby the plaintiff was allowed to file amended plaint---In consequence of the amended plaint, an amended written statement was also filed which according to the plaintiff consisted of inconsistent pleas as compared to the earlier written statement, therefore, the plaintiff moved an application for discarding the written statement---Perusal of the written statement filed by the defendant showed that certain objections were raised, which undoubtedly went beyond the scope of the plaint in as much as the newly added party i.e. Province of Sindh had challenged the relationship of landlord and tenant besides raising other important jurisdictional issues---Issue of relationship had already been decided by the Rent Controller conclusively---Issues raised in the written statement filed by the Province of Sindh were alien to the matter pending before the Court---Proceedings which had already taken place including recording of the evidence of the plaintiff in presence of the then relevant party could not be just brushed aside in view of the newly filed written statement, which, if allowed to replace the earlier filed written statement, would necessitate de novo proceedings which would amount of abuse of process of law and court and thus it could not be allowed---appeal was allowed and the impugned order was set aside.

Other judgments reported in 2022 CLC

2022 CLC 89 LAHORE-HIGH-COURT-LAHOREDr. MUHAMMAD JAWAD JAN ARIF VS Dr. AYESHA CHAUDHRY art.199---Constitutional jurisdiction---Judicial review---Scope---Judicial review was the…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTANMAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Cause of action and limitation---Stage to decide---Court could exercise power…
2022 CLC 24 LAHORE-HIGH-COURT-LAHOREMUJAHID KAMRAN VS Mst. SAIRA AZIZ S. 5---Qanun-e-Shahadat (10 of 1984), Art. 79---Nikahnama, proof of---Execution of document---Anything whi…
2022 CLC 24 LAHORE-HIGH-COURT-LAHOREMUJAHID KAMRAN VS Mst. SAIRA AZIZ S.7---Talaq, absolute right of---Islamic Law---Husband has an absolute right to divorce his wife---No cond…
2022 CLC 1876 HIGH-COURT-AZAD-KASHMIRIRSHAD BEGUM VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts. 44, 4(4)(1), 4(4)(14) & 4(4)(19)---Writ petition---Security of perso…
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…

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