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MUHAMMAD NASEEM JAVED vs ANJUMAN-E-ASNA ASHRIA S — 2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD NASEEM JAVED vs ANJUMAN-E-ASNA ASHRIA S
Subject matter
Civil
Provisions referred to
S. 92---P; S. 92

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

MUHAMMAD NASEEM JAVED VS ANJUMAN-E-ASNA ASHRIA S.92---Public charities---Waqf property---Scope---Question, whether permission from Advocate General under S.92, C.P.C., is required, can only be determined once it is established that the property with respect to which the suit has been filed is waqf property---Where the Court holds on the basis of evidence that the property in question is waqf property and the relief sought by the plaintiff falls within the scope of Cls. (a) to (h) to subsection (i) of S.92, C.P.C., the suit can be dismissed on the sole ground that the consent under S.92, C.P.C., was not obtained prior to the filing of the suit---If on the other hand, the Court holds that the property is not waqf property or that the relief prayed for does not fall within the scope of S.92, C.P.C., then the consent under S.92, C.P.C., for filing a suit would not be necessary. Head NotesCase Description

Other judgments reported in 2022 CLC

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