PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

CYRUS R. COWASJEE vs IIIRD ADDITIONAL DISTRICT JUDGE, KARACHI WEST Ss — 2024 CLC 593 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 593 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
CYRUS R. COWASJEE vs IIIRD ADDITIONAL DISTRICT JUDGE, KARACHI WEST Ss
Subject matter
Civil
Provisions referred to
S. 151

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

CYRUS R. COWASJEE VS IIIRD ADDITIONAL DISTRICT JUDGE, KARACHI WEST Ss. 42, 8 & 54---Suit for declaration, possession and mense profit---Right of appeal not availed---Effect---Petitioner filed a suit for declaration, possession and mense profit on the ground of being a co-owner of the suit property and seeking declaration that the respondent No. 3 being a trespasser was in illegal occupation thereof and recovery of its possession from him along with mense profit---Suit was dismissed as it was held that the petitioner could not prove its ownership or otherwise demonstrate his claim---Petitioner did not prefer an appeal, instead moved an application under S.151, C.P.C., after lapse of the period of limitation prescribed for availing the remedy of appeal, seeking that the judgment be reviewed---Said application was dismissed concurrently by the Trial Court and appellate Court---Validity---Petitioner was the architect of his own misery for if he felt aggrieved by the judgment rendered in the suit, he ought to have availed the right of appeal provided under the law rather than squandering that opportunity and belatedly resorting to an application under S.151, C.P.C., which inevitably met its fate---No reasonable ground had been advanced to show why the appellate remedy was not availed and the plea taken reflected nothing but neglect and indolence on the part of the petitioner in pursuing his claim---Petition stood dismissed accordingly.

Other judgments reported in 2024 CLC

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