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Ahmed Ali Talpur vs Sub-Registrar Latifabad Ss — 2024 MLD 1985 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1985 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Ahmed Ali Talpur vs Sub-Registrar Latifabad Ss
Subject matter
Criminal
Provisions referred to
S. 96; S. 100

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

Ahmed Ali Talpur VS Sub-Registrar Latifabad Ss. 96, 100 & O.VII, R. 11---Second appeal---Rejection of plaint--- Contents of plaint---Scope---First and second appeal--- Distinction--- Appellant / plaintiff was aggrieved of rejection of his plaint by two Courts below---Validity---For purposes of O.VII, R.11, C.P.C, sole prerequisite was that Court, prior to rendering a judgment must analyze averments made in plaint--- Through a requisite implication, it was evident that contents of written statement are not to be examined and put to juxtaposition with plaint to ascertain veracity or fallacy of the plaint's averments in which was expressly precluded--- Court was not tasked with adjudicating correctness of plaint or written statement--- Scope of section 100 C.P.C. was limited to appeals involving substantial questions of law rather than pure questions of facts--- In second appeal it was essential to formulate questions of law which were inherent to the jurisdiction--- In order to avoid unfairness and make sure justice was done, the ability to appeal had brought up the idea of highlighting two or even three layers of checks and balances--- There was a clear difference between two appellate jurisdictions--- First granted by S.96 C.P.C. allowed Appellate Court to consider factual issues---Second granted by S.100 C.P.C. did not allow it to interfere with factual findings recorded by first Appellate Court--- Appellant / plaintiff failed to demonstrate any illegality or material irregularity in judgment / order passed by both the Courts below--- Second appeal was dismissed in circumstances.

Other judgments reported in 2024 MLD

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