FARRUKH AFZAL MUNIF vs MUHAMMAD AFZAL MUNIF Ss — 2022 PLD 34 KARACHI-HIGH-COURT-SINDH

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FARRUKH AFZAL MUNIF VS MUHAMMAD AFZAL MUNIF Ss. 29 & 30---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Mentally disordered person---Death of owner of properties---Effect---Appellant/plaintiff filed suit for declaration and injunction on the plea that defendants had wrongfully confined his father in their custody on the pretext of mentally disordered person and had fraudulently got valuable movable and immovable properties transferred in their favour---On application filed by defendants, Single Judge of High Court rejected the plaint---Validity---Primarily father of plaintiff had to seek a declaration to the effect that he was actual owner, whereas his wife was merely an ostensible owner (Benamidar) of such properties---Appellant/plaintiff had no right and authority to dispute or challenge nature of such transaction of ownership of such property on the allegation of fraud or Benami transaction---Any other legal presumption in respect of properties acquired and purchased by any person in the name of any other person, particularly in the name of wife or children, would lead to opening Pandora's box and would encourage frivolous litigation by unscrupulous persons, otherwise having no right or title upon such properties purchased or transferred by any person, particularly in the name of his wife or children---Division Bench of High Court maintained the findings of Single Judge of High Court in such regard---Division Bench of High Court declined to restore the suit to its original position as father of appellant/plaintiff had expired therefore, relief sought was no more available to appellant/plaintiff---Intra Court Appeal was dismissed accordingly.

FARRUKH AFZAL MUNIF vs MUHAMMAD AFZAL MUNIF Ss — 2022 PLD 34 KARACHI-HIGH-COURT-SINDH

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