ABDUL GHAFFAR vs YASIR Ss — 2026 CLC 446 KARACHI-HIGH-COURT-SINDH

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ABDUL GHAFFAR VS YASIR Ss. 42 & 54---Civil Procedure Code (V of 1908), S.115, O.X, R.1, O.XII, R.6, O.XIV, O.XV & O.XVII---Suit for declaration and injunction---Admission of fact---Effect---Phrase "at the first hearing of the case"---Scope---Concurrent findings of facts by two Courts below---Applicant / plaintiff claimed to be owner of suit property and respondent / defendant was only Benami owner---Both the Courts below dismissed suit and appeal filed by applicant / plaintiff---Validity---By using discretion, procedural law framed was not to be ignored---Court could not skip any mandatory procedure of cumulative effect of O.X, R.1, O.XIV and O.XV, C.P.C.---Phrase "at the first hearing of the case" means the stage of preliminary examination and settlement of issues and straight away lending on O.XVII, C.P.C.---Demand of evidence cannot be termed as discretion but contrary to the language of O.XII, R.6, C.P.C. which read "without waiting for determination of any other question between the parties" and has made it mandatory upon Court to first deal with the issue of admission and to decide the same through speaking order---Rights of parties cannot be huddled while hanging the point of admission---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and remanded the matter to Trial Court for decision afresh---Revision was allowed accordingly. Citation Name: 2026 CLC 446 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL GHAFFAR VS YASIR S.115---Revisional jurisdiction of High Court---Scope---Revisional power of High Court extends only to error of law or material irregularity, including misreading and non-reading of evidence, that may significantly impact outcome of a case.

ABDUL GHAFFAR vs YASIR Ss — 2026 CLC 446 KARACHI-HIGH-COURT-SINDH

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