MUHAMMAD ANIS vs PAK GULF LEASING COMPANY LTD — 2025 CLD 1504 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD ANIS VS PAK GULF LEASING COMPANY LTD. S. 9---Constitution of Pakistan, Arts. 4, 8, 10-A, 23, 24 & 25 ---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit fora declaration, etc. cancellation, damages and permanent injunction---Right of party---Remedy not granted by the Court---Act(s) of the Subordinate Court(s) not granting relief / right to party---Fundamental rights of litigant---Scope---Owner provided his residential property ,through original papers, as a surety in a criminal case on behalf of two accused persons pursuant to their bail order , however, later he did not receive any final outcome on his application for release of surety, i.e. return of his original property papers---Then, owner received a notice from a non-banking finance leasing company ('Leasing Company') stating that the Property was mortgaged to them, and they intended to auction the same---Then the owner filed a Civil Suit for a declaration, etc. before the High Court in its Original Civil Jurisdiction, inter alia, seeking to restraint Leasing Company from auction / sale of the Property but the Single Judge returned the Plaint, with an observation to approach the court of proper jurisdiction---Then the owner approached the Banking Court and filed Suit seeking redressal of his grievance, however, when the matter proceeded to the final arguments the Judge-Banking Court ,while holding that it( Banking Court) did not have jurisdiction to adjudicate the matter , returned the Plaint with the direction to file the same before the (civil) court of competent jurisdiction---Owner/Appellant approached Appellate/High Court---Validity---It is abundantly clear that distress has been caused to the Appellant, due to the various courts below sending him from pillar to post in an attempt to safeguard his own Property---Said actions also appear violative to Appellants' rights having been guaranteed under Arts. 4, 8, 10-A, 23, 24 & 25 of the Constitution of Pakistan---Appellant has now been left in a situation whereby his Property appears to be lost in an abyss, not through any fault of his own, but due to actions of the courts below in returning his plaint---Mere technicalities cannot forgo justice, nor can technicalities be allowed to operate as tyrant masters so as to frustrate genuine claims---Thus, to serve a more reasonable and justiciable purpose High/Appellate Court, while invoking inherent powers, the Suit filed by Appellant from the Banking Court to the relevant Civil Court holding pecuniary and territorial jurisdiction over the Property; the matter would commence at the stage of Final Arguments on the basis of evidence already adduced by both the parties---Appeal was disposed of accordingly.

MUHAMMAD ANIS vs PAK GULF LEASING COMPANY LTD — 2025 CLD 1504 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 CLD