MUHAMMAD NAEEM vs FEDERATION OF PAKISTAN through Secretary Railways Department First Sched — 2025 CLC 133 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLC 133 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD NAEEM vs FEDERATION OF PAKISTAN through Secretary Railways Department First Sched
Subject matter: Criminal
Provisions referred to: 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

MUHAMMAD NAEEM VS FEDERATION OF PAKISTAN through Secretary Railways Department First Sched. art. 91---Civil Procedure Code (V of 1908), O.VII, R.11---Specific Relief act (I of 1877), Ss. 39, 42 & 54---Suit for cancellation of document, declaration and injunction---Rejection of plaint---Limitation to seek declaration---Locus standi to file suit---Principle---applicants / plaintiffs were private individuals who sought declaration of ownership on behalf of Municipal Corporation and had assailed lease deed executed between two government organizations in year 2012---Trial Court and Lower appellate Court concurrently rejected the plaint filed by applicants / plaintiffs---Validity---Municipal Corporation did not come before Court and applicants / plaintiffs without having legal authority to act on behalf of the Municipal Corporation could not initiate legal proceedings related to the interests of that Corporation---applicants / plaintiffs failed to demonstrate that they had authority to act on behalf of Municipal Corporation seeking declaration of ownership of suit property---applicants / plaintiffs sought cancellation of a lease deed, which was executed between Military Estates Officer and PTCL in year 2012, by filing a suit in the year 2017 claiming that the same was result of fraud---For seeking such relief, limitation period was "three years" as provided under art.91 of Limitation act, 1908---applicants / plaintiffs had no concern with alleged lease deed as it had been executed between two government departments---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of two Courts below who were justified in rejecting the plaint---Revision was dismissed, in circumstances.

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