Citation Name: 2023 MLD 576 PESHAWAR-HIGH-COURTBookmark this Case NOOR AJAB vs AHMED NAWAZ KHAN O — 2023 MLD 576 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 576 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 576 PESHAWAR-HIGH-COURTBookmark this Case NOOR AJAB vs AHMED NAWAZ KHAN O
Subject matter: Civil

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 MLD 576 PESHAWAR-HIGH-COURTBookmark this Case NOOR AJAB VS AHMED NAWAZ KHAN O. XIV, R. 2--- Limitation--- Issue of law--- Respondent filed declaratory suit along with perpetual injunction and possession against petitioners---Petitioners contested the suit---Trial Court decreed the suit---Petitioners filed appeal before appellant Court---Appellant court dismissed the appeal of petitioners---Revisional jurisdiction---Held, that Trial Court had not farmed the issues in the suit with the perspective prayers in the plaint and in the written statement----Issue pertaining to limitation had not been raised in written statement but as it was legal issue and the plaintiff has to prove if at all entitled to any decree within the ambit of its limitation---As the issues were re-framed by High Court, therefore the parties were to be allowed to lead their respective evidence or else even if the parties wanted to rely on the already recorded evidence---Parties could record their statements before Trial Court---Civil revision was allowed , impugned judgments and decrees of the Trial Court and Appellate Court were set-aside and case in hand, was remanded back to the Trial Court to proceed with the matter in accordance with law.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

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