GHAZI KHAN vs MUHAMMAD YOUSAF O — 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: GHAZI KHAN vs MUHAMMAD YOUSAF O
Subject matter: Civil
Provisions referred to: S. 115---S; S. 42; 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

GHAZI KHAN VS MUHAMMAD YOUSAF O. VII, R.7 & S. 115---Specific Relief act (I of 1877), Ss. 42, 39 & 54---Suit for declaration, cancellation of agreement, permanent injunction---Certain relief (possession), not prayed for---Revisional jurisdiction of the High Court---Scope---Contention of the defendants/respondents was that the petitioner/ plaintiff had not sought possession of the suit-shop in prayer clause of his suit---Held, that record revealed that though the contention of the respondent was correct, however, the same could not be made a ground for non-suiting a party under the proviso to S. 42 of the Specific Relief act, 1877---Under O. VII, R.7 of the Civil Procedure Code, 1908, Court was competent to grant an ancillary, general or additional relief to a plaintiff, though the same was not specifically asked---High Court at revisional stage could grant `relief of possession of the suit-shop to the petitioner/ plaintiff in exercise of power under O.VII, R.7 of the Civil procedure Code, 1908, subject to payment of additional court fees---High Court, while directing the petitioner/plaintiff to pay requisite court fee, set-aside the decrees and judgments passed by both the Courts below and decreed the suit filed by the petitioner / plaintiff, declaring that agreement to sell asserted by the respondent/defendants was forged one---Revision was allowed, in circumstances.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

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