Ms. QAISER JEHAN BEGUM vs SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss — 2022 MLD 308 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 308 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: Ms. QAISER JEHAN BEGUM vs SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss
Subject matter: Civil
Provisions referred to: S. 100; S. 42; Civil Procedure Code (V of 1908); Specific Relief Act

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

Ms. QAISER JEHAN BEGUM VS SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss. 42 & 54---Civil Procedure Code (V of 1908), S.100 & O.VII, R.11---Second appeal---Rejection of plaint---Suit filed by appellant/plaintiff was rejected by Trial Court as well as Lower Appellate Court---Validity---Appellant/plaintiff sought declaration to the extent of her property which she was enjoying as an owner and if any right out of a property, as enjoyed by appellant/plaintiff was infringed, provisions of S.42 of Specific Relief Act, 1877, would come into action for her safeguards--- Person entitled to any legal character or to a right as to any property could institute a suit---Plaint could be rejected under O.VII, R.11 C.P.C., if it was barred by law---None of the provisions of law was cited by respondent/defendant nor was mentioned in the orders/judgments of two Courts below whereby plaint of appellant/plaintiff could be rejected under O.VII, R.11, C.P.C.---Appellant/plaintiff had a cause of action on account of a threat to her property in view of alleged unlawful and illegal construction which was being raised on adjacent plot---High Court set aside concurrent orders/judgments passed by two Courts below and case was remanded to Trial Court for decision on merits---Second appeal was allowed, in circumstances.

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