Citation Name: 2023 YLR 1150 LAHORE-HIGH-COURT-LAHOREBookmark this Case HARMOOZ KHAN vs ABDUL AZEEM KHAN S — 2023 YLR 1150 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1150 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1150 LAHORE-HIGH-COURT-LAHOREBookmark this Case HARMOOZ KHAN vs ABDUL AZEEM KHAN S
Subject matter: Civil
Provisions referred to: S. 17---C; S. 9---J; S. 17; S. 9; 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 YLR 1150 LAHORE-HIGH-COURT-LAHOREBookmark this Case HARMOOZ KHAN VS ABDUL AZEEM KHAN S.17---Civil Procedure Code (V of 1908), S.9---Jurisdiction of Civil Court---Scope---allegations mentioned in the plaint were regarding fraud and forgery which would only be decided after recording of evidence of the parties---In such secenario, the alleged bar contained in S. 17 of the Punjab Undesirable Cooperative Societies (Dissolution), act, 1993, cannot take away the plenary jurisdiction enjoyed upon the civil Court under S. 9, C.P.C, in a situation where the aggrieved person finds himself remediless, particularly, when a dispute requires detailed evidence in order to resolve a factual controversy, as in the present case, because a specific plea fraud and forgery had been pleaded---Petitioners alleged fraud and forgery in their plaint, committed by respondents to transfer the land---Main grievance of the petitioner was against the other respondents and not the Cooperative body---In the matter in hand, the civil Court had jurisdiction to entertain the suit---Impugned order and decrees were set aside and case was remanded to the trial court to decide afresh after obtaining written statements, framing of issues and recording of evidence.

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