PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

JAVED AHMED KHAN vs Mst — 2022 PLD 57 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 PLD 57 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
PLD
Parties
JAVED AHMED KHAN vs Mst
Subject matter
Civil
Provisions referred to
S. 100; Civil Procedure Code

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

JAVED AHMED KHAN VS Mst. NOREEN (WIDOW) Ss. 100, 104 & O. XLIII, R. 1---"Ex debito justitiae", doctrine of---Suit for declaration and perpetual injunction was filed by the respondents claiming that they were owners of the land and that appellants were forcibly trying to occupy the suit land and were inclined to raise construction upon the same---Appellate Court reversed the judgment of the Trial Court and granted an interim injunction for a period of 1 year---Appellant contended that respondents had no locus standi; that parties were co-sharers; that the rest of co-sharers had not been arrayed as parties---Validity---Contesting parties were admittedly co-sharers and the suit seemed to be a counterblast of the partition application previously filed by one of the appellants for partition of the suit land---Construction of the mosque over the suit land was corroborated by the copy of the revenue record (khasra gardawari)---Appeal under S. 100 of Civil Procedure Code from an order passed in appeal was not competent---Present case was not fit to exercise jurisdiction qua converting the appeal to revision or writ as the doctrine of "ex debito justitiae", as the appellants had not pleaded so, neither had they prayed for converting the lis---Appeal was dismissed accordingly.

Other judgments reported in 2022 PLD

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