Citation Name: 2024 MLD 599 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GUL SHER vs AHMED JAN Ss — 2024 MLD 599 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 599 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 599 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GUL SHER vs AHMED JAN Ss
Subject matter: Civil

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: 2024 MLD 599 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case GUL SHER VS AHMED JAN Ss.2(9), 48 & O.XV, R.1---Revision---Judgment on admission---Petitioner/decree holder filed suit for declaration and permanent injunction which was decreed under O.XV, R.1, C.P.C.---Execution petition filed by petitioner/decree holder was dismissed by Executing Court and Lower Appellate Court---Validity---Judgment meant judicial decision of judge; it need not necessarily deal with all matters in issue in a suit but only those issues, decision of which has the effect either of adjudication of all matters in controversy or results in a final disposal of the suit---As per record the defendants agreed to the contention of the plaintiff under terms of O. XV, R.1, C.P.C.---Court was under legal obligation to implement the judgment in letter and spirit---Court decided the suit in favour of the plaintiff with direction to defendant not to interfere in the case property---In case of interference the plaintiffs had no option other than to knock the door of Court for implementation of the judgment---Under the Code of Civil Procedure there was no distinction between the judgment on admission or judgment on merit---Judgment did not mean only disposal of the matter but also determining the rights of a party---Petition was allowed and the case was remanded to the Trial Court with direction to decide the application afresh.

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