Syed TARIQ MUSTAFA vs TAUQIR JAHAN MUSTAFA O — 2022 PLD 423 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 423 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: Syed TARIQ MUSTAFA vs TAUQIR JAHAN MUSTAFA O
Subject matter: Civil

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

Syed TARIQ MUSTAFA VS TAUQIR JAHAN MUSTAFA O.XX, Rr.12, 13, 14, 15, 16, 18 & O.XXXIV, Rr. 2, 3, 2, 5, 7 & 8---Preliminary decree---Court, jurisdiction of---Type of decree---Determining factors---When preliminary decree is passed, Court does not become functus officio and retain control over action even after decree---Suit remains pending till such time a proper final decree is passed and right of parties are determined---If a question arises as to whether a decree is preliminary or final, it has to be decided by a reference to decree itself---Decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of, it is final where such adjudication completely disposes of the suit.

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