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MUHAMMAD ASIF KAMAL PASHA vs PARVEEN AKHTAR Ss — 2026 CLC 913 PESHAWAR-HIGH-COURT

Case information

Citation
2026 CLC 913 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
CLC
Parties
MUHAMMAD ASIF KAMAL PASHA vs PARVEEN AKHTAR Ss
Subject matter
Civil
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

MUHAMMAD ASIF KAMAL PASHA VS PARVEEN AKHTAR Ss.39 & 42---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and cancellation of a registered deed---Plaint not disclosing cause of action---Rejection of plaint---Scope---Respondent No.1 filed a suit for declaration of ownership of a house on the basis of a registered deed and for cancellation of another registered deed executed through a general power of attorney; the defendants' applications for rejection of plaint under O.VII R.11, C.P.C. were dismissed by the Trial Court and their revision petitions were also dismissed by the Revisional Court, whereafter the matter was brought before the High Court through the present constitutional petition---Held: It was clear from the revocation deed that the respondent No.1 herself admitted the appointment of petitioner as her general attorney and then specifically mentioned that she would not be responsible for his acts after such revocation, which clearly meant that she did not dispute the acts done by the attorney prior to the date of cancellation of power of attorney as such the plaint did not disclose the cause of action---Orders passed by both Courts below were set aside and plaint stood rejected---Present constitutional petition was allowed, in circumstances.

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