Citation Name: 2023 MLD 688 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ZARIN vs Mst — 2023 MLD 688 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 688 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 688 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ZARIN vs Mst
Subject matter: Civil
Provisions referred to: S. 42---C; S. 12; Civil Procedure Code (V of 1908)

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 688 PESHAWAR-HIGH-COURTBookmark this Case LIAQAT ZARIN VS Mst. NOORUL HARAM S. 42---Civil Procedure Code (V of 1908), S. 12(2)---Partition of property---Separating share settled in compromise---During proceedings between parties application under S. 12(2), C.P.C. was filed by husband of respondent who sought separation of his share from suit property under partition---Lower Appellate Court directed to separate share of husband of respondent from partition of suit property---Plea raised by petitioners was that husband of respondent had separate cause of action---Validity---Not a single document was available to show that petitioners and other legal heirs of predecessor-in-interest of parties had resiled from compromise, on the basis of which application under S. 12(2), C.P.C. filed by husband of respondent was dismissed as withdrawn---If that would have been so, husband of respondent would have a fresh cause of action but nothing was available in black and white to show even remotely that parties to applications 12(2), C.P.C. had resiled from compromise, therefore husband of respondent was not to file fresh suit---High Court declined to interfere in the order passed by Lower Appellate Court in exercise of a revisional jurisdiction, as order in question was result of proper and fair exercise of jurisdiction vested in it---Petitioners failed to point out any illegality or irregular, excess of jurisdiction or improper exercise of jurisdiction---Constitutional petition was dismissed, in circumstances.

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