ZUBAIR AHMED vs SAIMA ANWAR S — 2022 YLR 1678 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1678 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ZUBAIR AHMED vs SAIMA ANWAR S
Subject matter: Civil
Provisions referred to: S. 5; Civil Procedure Code (V of 1908)

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

ZUBAIR AHMED VS SAIMA ANWAR S. 5, Sched.---Civil Procedure Code (V of 1908), O. XIV, R. 1---Suit for recovery of dowry articles---Framing of issues---Scope---Plea raised belatedly---Respondent (wife) filed a suit for recovery of dowry articles wherein she, inter alia, claimed the return of a vehicle---Family Court framed a generalized issue regarding the entitlement of respondent to claim dowry articles---Suit was decreed---During pendency of appeal, petitioner (husband) filed an application for framing additional issues regarding the ownership of vehicle---Appellate Court dismissed the application while holding that findings of Family Court on the issue were comprehensive and no additional issue was required to be framed---Validity---Vehicle in question was registered in the name of petitioner---Question whether it was sold off to the petitioner or was given by the father of respondent as part of dowry articles had already been dealt with by the Family Court---No sale receipt was produced by the petitioner to show that it was a sale---Petitioner had not denied that transfer of vehicle was made immediately after the marriage was contracted---Very fact that no application for framing of additional issues was filed during 3 years of pendency of suit and one and a half year of the pendency of appeal showed that petitioner had raised the plea after a fatal delay---Writ petition was dismissed.

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