PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

AHMED ALI TALPUR vs SUB-REGISTRAR LATIFABAD, HYDERABAD Ss — 2025 PLD 302 SUPREME-COURT

Case information

Citation
2025 PLD 302 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
AHMED ALI TALPUR vs SUB-REGISTRAR LATIFABAD, HYDERABAD Ss
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

AHMED ALI TALPUR VS SUB-REGISTRAR LATIFABAD, HYDERABAD Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for cancellation of document, declaration and injunction---Rejecting of plaint---Oral gift---Concurrent findings of facts by the Courts below, setting aside of---Petitioner/plaintiff claimed to be owner of suit property on the basis of oral gift deed---Trial Court rejected the plaint and the order was maintained by Lower Appellate Court as well as by High Court---Validity---Controversy involved did not support conclusion that petitioner/plaintiff approached Court without cause of action or that the plaint was barred by any law under Order VII, Rule 11, C.P.C.---Approaching of petitioner/plaintiff with clean or unclean hands was irrelevant for rejecting the plaint when triable issues were discernable for proper adjudication---Summary rejection would unjustly render the parties remediless---Purpose of remedy of appeal is to ensure that Court below had decided the lis in accordance with the law and without any error---Where glaring errors, non-reading or misreading of evidence or any legal and jurisdictional issues arise, the stumbling block of doctrine of concurrent findings cannot shield flawed and erroneous decisions from correction---Supreme Court quashed and set aside the order passed by Trial Court rejecting the plaint, which was affirmed by Lower Appellate Court and then by High Court in second appeal---Supreme Court remanded the matter to Trial Court for decision afresh on merits after recording of evidence---Appeal was allowed.

Other judgments reported in 2025 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English