Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN vs Malik HAMAYUN IRFAN S — 2023 CLC 1875 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN vs Malik HAMAYUN IRFAN S
Subject matter: Civil
Provisions referred to: S. 2

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

Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN VS Malik HAMAYUN IRFAN S.2(2) & O.XX, R.18---Preliminary decree in suit for partition of immovable property---Scope---Preliminary decree determines the rights/shares of as many parties as interested in the property---However, the question, as to whether a property is joint one, is to be determined prior to preliminary decree---Preliminary decree only comes out as a consequence of determination of substantive rights of the parties---Preliminary decree without determination of the shares of the parties being defective one is neither sustainable nor executable. Your Search returned total 35531 records from 18100 - 18150 Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN VS Malik HAMAYUN IRFAN O.XXVI, R.14---Local Commission---Powers and liability---Suit for partition of immovable property---Local Commission has no power to determine the right/share of any party to suit for partition of immovable property---Commission is appointed only to prepare the mode of partition at the spot in view of the shares determined by the Court in preliminary decree---Commission cannot assume the role of the Court, rather only can propose the allotment of specified share to the parties determined in preliminary decree. Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN VS Malik HAMAYUN IRFAN Marked document---Evidentiary value---Document which has not been produced and proved in evidence but only marked cannot be taken into account as a legal evidence of fact by the Courts. Citation Name: 2023 CLC 1875 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZIA-UD-DIN VS Malik HAMAYUN IRFAN When basic order/judgment/decree is found illegal or void then the entire superstructure built on it falls on the ground.

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