Citation Name: 2024 YLR 684 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RAMZAN & COMPANY vs MUHAMMAD AMEER KHAN R — 2024 YLR 684 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 684 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 684 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RAMZAN & COMPANY vs MUHAMMAD AMEER KHAN R
Subject matter: Civil
Provisions referred to: S. 42---S; Civil Procedure Code (V of 1908); Specific Relief Act (I of 1877)

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 YLR 684 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RAMZAN & COMPANY VS MUHAMMAD AMEER KHAN R. 236---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Civil Procedure Code (V of 1908), O. VI, R.4---Specific Relief Act (I of 1877), S. 42---Suit for declaration and recovery of money---Excavation of limestone--- Onus to prove--- Facts not mentioned in pleadings---Respondent/plaintiff sought recovery of cost of limestone allegedly excavated by appellants/defendants during construction of road from the area leased to him---Trial Court decreed the suit in favour of respondent/ plaintiff---Validity---Person who alleged a certain fact had to prove the same---No specific incident with regard to when, through whom and how illegal excavation of limestone was done by appellants/defendants---It was also not mentioned in the plaint as to how the limestone was transported---Any evidence led in such regard was beyond the scope of pleadings---Suit filed by respondent/ plaintiff was not maintainable in view of bar contained in R. 236 of Punjab Mining Concession Rules, 2002, as no Court or other authority had jurisdiction to entertain or to adjudicate upon any matter which Provincial Government or Licensing Authority was empowered by or under rules to dispose of or to determine---High Court set aside judgment and decree passed by Trial Court and had dismissed the suit filed by respondent/plaintiff---Appeal was allowed, in circumstances.

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