GHAYOOR HUSSAIN SHAH vs DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O

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GHAYOOR HUSSAIN SHAH VS DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O.VII, R.11---Rejection of plaint---Limitation---Co-sharer---Scope---In case where one of the co-sharers claims share in the ancestral property, plaint cannot be rejected on the question of limitation without proper evidence after framing issues---Ordinary limitation does not apply amongst co-sharers though one of them be even out of possession. Citation Name: 2023 CLC 1290 HIGH-COURT-AZAD-KASHMIRBookmark this Case GHAYOOR HUSSAIN SHAH VS DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O.VII, R.11 & S.9---West Pakistan Land Revenue Act (XVII of 1967), S.53---Suit for declaratory decree by persons aggrieved by an entry in record---Rejection of plaint---Limitation---Inheritance mutation---Scope---Petitioners assailed the rejection of their plaint---Validity---Petitioners had categorically alleged in the plaint that entries in revenue record had been made by way of fraud and forgery---In order to determine cause of action, the fate of the case was to be looked into through the lens of averments made in the plaint and same would be accepted as correct, that too where fraud was alleged and attributed---Such factum could be resolved only after recording of evidence---Whether the entries and revenue record were based on fraud or otherwise was a question which could be answered only when some evidence was recorded to that effect---Suit filed by the plaintiff was triable by the Trial Court in view of S. 9 of C.P.C. and S.53 of the West Pakistan Land Revenue Act, 1967---Writ petition was accepted and the case was remanded to the Trial Court to proceed from the stage whereof it was discontinued on rejection of the plaint. Citation Name: 2023 CLC 1290 HIGH-COURT-AZAD-KASHMIRBookmark this Case GHAYOOR HUSSAIN SHAH VS DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O.VII, R.11---Rejection of plaint---Allegation of fraud---Recording of evidence---Scope---Fraud vitiates all solemn proceedings, therefore, such like stance where fabrication and manipulation of documents is claimed, as per principle of civil dispensation of justice lis is liable to be adjudicated on the basis of preponderance of probability of evidence (produced by the parties) and technical knockout is not warranted. Citation Name: 2023 CLC 1290 HIGH-COURT-AZAD-KASHMIRBookmark this Case GHAYOOR HUSSAIN SHAH VS DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR Preamble---Rules framed in the Code of Civil Procedure are for the advancement of justice and should not so far as possible be allowed to operate so as to defeat the ends of justice. Citation Name: 2023 CLC 1290 HIGH-COURT-AZAD-KASHMIRBookmark this Case GHAYOOR HUSSAIN SHAH VS DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O.VII, R.11---Rejection of plaint---Plaint cannot be rejected in piecemeal---Scope---While considering application under O.VII, R.11, C.P.C., contents of plaint are to be treated as true on its face value and plaint can only be rejected if from any statement in the plaint the same is found to be barred by any law---Where multiple prayers have been made and even one prayer is maintainable plaint cannot be rejected, particularly in case where rights pertaining to inheritance are involved.

GHAYOOR HUSSAIN SHAH vs DISTRICT JUDGE BAGH, DISTRICT BAGH, AZAD JAMMU AND KASHMIR O — 2023 CLC 1290 HIGH-COURT-AZAD-KASHMIR

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