Citation Name: 2025 YLR 373 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Shabir vs Ali Sher Ss

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Citation Name: 2025 YLR 373 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Shabir VS Ali Sher Ss.8, 39, 42 & 54---Suit for declaration, cancellation of entries in the revenue record, possession, permanent and mandatory injunction---Maintainability---Audi alteram partem, principle of---Scope---Entries entered into the revenue record were cancelled being fraudulent---Applicants availed remedies in revenue hierarchy, but remained unsuccessful---Contention of the applicants was that they were not afforded an opportunity of hearing before cancelling their registered sale deed---Validity---Foundational entry was found to be fabricated, false and fraudulent by the Revenue hierarchy upon thorough verification of the original record, of which they were the custodians---Such entry did not inherently provide the applicants with a cause of action to challenge the same by filing a declaratory suit, especially when the applicants were admittedly not in possession of the subject property---Incompetent suit should be dismissed at its inception and such approach serves the dual purpose of safeguarding the interests of the litigating parties and preserving the resources of the judicial institution---For the litigants, the early dismissal of an untenable claim conserves both time and financial resources, sparing them the protracted ordeal of a meritless legal battle and eliminating such suits at the outset allows the courts to allocate their time and efforts more effectively towards genuine and substantial causes---Both the courts, in addition to the plaint, looked into the admitted/undisputed documents and facts, such as record before the revenue authorities and rightly rejected the plaint, for, an incompetent suit should be buried without further proceedings---Applicants availed appellate and revisional remedies against the cancellation order, in which they were afforded an opportunity to be heard at the subsequent stages---Principle of audi alteram partem, which mandates that no person should be condemned unheard, becomes satisfied if the affected parties are provided with a reasonable opportunity to present their case at any stage of the proceedings, thus, any procedural lapse at the initial stage, assuming there was one, had been rectified by the subsequent hearings, as such the applicants' argument that they were condemned unheard before passing of the order was devoid of substantive merit, as subsequent opportunities provided to them had redressed their grievances---Civil revision was dismissed, in circumstances.

Citation Name: 2025 YLR 373 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Shabir vs Ali Sher Ss — 2025 YLR 373 KARACHI-HIGH-COURT-SINDH

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