Syed RAFAT ABBAS JAFFERI vs SIKANDER AHMED GHOURI art — 2023 CLC 800 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 800 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: Syed RAFAT ABBAS JAFFERI vs SIKANDER AHMED GHOURI art
Subject matter: Criminal

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

Syed RAFAT ABBAS JAFFERI VS SIKANDER AHMED GHOURI art.199---Constitutional petition---Collateral proceeding, rule of---applicability---Suppression of facts---Petitioner assailed award issued by Registrar Cooperative Societies in favour of respondent regarding property in question---Validity---award was subsequent in time in which petitioner was not made party, though it was observed in the award itself that notices were issued to petitioner being a necessary party, but she never came forward---Civil court had plenary jurisdiction to decide matters and judgment and decree passed in civil suit was not nullity in the eyes of law for the reason that it decided the matter on the basis of documentary evidence---Consequence and effect of judgment and decree could not be directly or indirectly diluted in subsequent proceedings before Registrar under Cooperative Societies act, 1925, especially when two registered instruments, i.e. lease deed and conveyance deed were also available in record in favour of first allotee---Rule of collateral proceeding was applicable to the case of petitioner who impleaded responded in her litigation, whereas respondent did not implead petitioner in subsequent proceedings before Registrar---Such subsequent proceeding before Registrar were tainted with mala fide and consequently award could not override a Civil Court decree---High Court set aside award passed by Registrar Cooperative Societies and writ of possession issued by him was quashed---Constitutional petition was allowed accordingly.

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