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HAIDER BUILDERS AND DEVELOPERS vs PARKASH KUMAR Ss — 2024 CLC 672 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 672 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
HAIDER BUILDERS AND DEVELOPERS vs PARKASH KUMAR Ss
Subject matter
Criminal
Provisions referred to
S. 103; S. 100; S. 101; 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

HAIDER BUILDERS AND DEVELOPERS VS PARKASH KUMAR Ss. 12 & 54---Civil Procedure Code (V of 1908), Ss. 100 & 101---Suit for specific performance of agreement and injunction---Second appeal---Maintainability---Appellant / defendant was aggrieved of order passed by Lower Appellate Court setting aside additional amount of consideration imposed by Trial Court in decree passed in favour of respondent / plaintiff---Validity---Second appeal does not ordinarily disturb findings of fact supported by evidence on record---High Court may remit to examine whether there exists proper material to support the findings under S. 103, C.P.C., if evidence on record is sufficient to determine any issue of fact necessary for the disposal of appeal, which has not been determined by Lower Appellate Court or which has been wrongly determined by such Court; by reason of any illegality, omission, error or defect---High Court in exercise of jurisdiction under S.100, C.P.C., declined to interfere in judgment passed by Lower Appellate Court, as the appellant / defendant failed to identify any infirmity in judgment and points framed for determination---Second appeal could only lie if a decision was demonstrated to be contrary to the law; a decision having failed to determine some material issues; and / or a substantial error in the procedure was pointed out---None of these ingredients had been identified by appellant / defendant---Even under S. 101, C.P.C., no appeal could be filed except on the grounds mentioned in S. 100, C.P.C.---Second appeal was dismissed, in circumstances.

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