FEHMIDA KIRAN vs CHAIRMAN HOUSE ALLOTMENT COMMITTEE/ SECRETARY S&GAD O — 2023 MLD 659 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 659 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: FEHMIDA KIRAN vs CHAIRMAN HOUSE ALLOTMENT COMMITTEE/ SECRETARY S&GAD O
Subject matter: Civil
Provisions referred to: S. 9

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

FEHMIDA KIRAN VS CHAIRMAN HOUSE ALLOTMENT COMMITTEE/ SECRETARY S&GAD O. VII, R. 11, S. 9 & O. XIV, R. 2---Courts to try all civil suits unless barred---Rejection of plaint---Issues of law and of fact---Dismissal of suit (on maintainability) after recording evidence---Scope---Respondent instituted a suit for declaration, mandatory and permanent injunction with the averments that the house allotted in his name by the Chairman House Allotment Committee, however, Civil Estate Officer allotted the subject house to the petitioner, without due course of law---Trial Court, after framing of issues and examining witnesses, dismissed the suit by holding that the respondent had failed to exhaust the remedy before proper forum---Respondent preferred an appeal, which was allowed and the case was remanded to the Trial Court for decision on merits---Validity---Trial Court after considering that controversy was required to be decided by recording of evidence had proceeded to record evidence, then at the mid of evidence, the provisions of O. VII, R. 11 or O. XIV, R. 2 of C.P.C. could not be pressed into service to non-suit a party---Trial Court in two of its earlier orders had held that the suit was competent and the issues required recording of evidence, however, later on, it was contrarily held that suit was not competent---Appellate Court had rightly set aside the order passed by Trial Court---Revision petition was dismissed.

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