Syed MUZAFFAR AHMED ASHRAF vs ANWAR ALI JANWRI S — 2025 PLD 234 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.

Syed MUZAFFAR AHMED ASHRAF VS ANWAR ALI JANWRI S. 115 & O. XIV, Rr. 1, 5---Specific Relief act (I of 1877), Ss.42 & 54---Issues, framing of---Suit dismissed without addressing all the issues framed---Legality---Suit for declaration with permanent injunction---No declaration as to ownership was sought by the petitioners---Issues were framed in the suit---Suit was dismissed solely on the basis of issue of maintainability---Contention of the petitioners was that remaining issues framed by the Trial Court had not been addressed at the time of dismissing the suit---Validity---High Court held that both the courts below had rightly dismissed the suit on the ground that the same was not maintainable, as it sought a negative declaration---Main issue in the revision was the maintainability of the suit, thus, on that score too the revision was liable to be dismissed---High Court while concluding that the suit was not maintainable went on to examine the contents of the plaint and the written statement and found that there was no reason for the Trial Court to have even framed Issues Nos. 2, 4 and 5---Respondents had not denied anything in the written statement that contravened plaintiff's assertion that could culminate in framing Issues Nos. 2 & 4---Issue No.3 regarding the predecessor of petitioners being allegedly harassed by the respondents stood abated on the death of the predecessor of the petitioners---Plaint further contained no assertion, which could lead the Trial Court to frame Issue No.5, therefore, the Trial Court correctly concluded not to decide any other issue except the issue of maintainability as all the remaining issues were misconceived and did not arise from the pleadings---Trial Court cannot frame an issue, which does not arise from the plaint and written statement---High Court has the power to strike down an issue which has been wrongly framed and modify the settlement of issues while exercising its civil jurisdiction under S. 115, C.P.C., yet there might be no need to do so at this stage as the two courts below had rightly dismissed the suit on the ground of maintainability---Revision petition was dismissed accordingly.

Syed MUZAFFAR AHMED ASHRAF vs ANWAR ALI JANWRI S — 2025 PLD 234 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PLD