Muhammad Khalid Chaudhry vs Dr — 2026 MLD 671 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 671 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Muhammad Khalid Chaudhry vs Dr
Subject matter: Civil
Provisions referred to: S. 12---; 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 Khalid Chaudhry VS Dr. Manzoor Hussain Malik S.12--- Civil Procedure Code (V of 1908), O.VII, R.11(a)---Suit for specific performance of agreement to sell--- Rejection of plaint---Absence of cause of action---Arbitration clause---Wrong precedent, reliance on--- Effect--- Petitioners / defendants were aggrieved of dismissal of their application seeking rejection of plaint on the basis of arbitration clause available in the agreement to sell--- Plearaised by petitioners / defendants was that the precedent judgment relied upon by Trial Court was not applicable--- Validity--- Order in question was based solely by placing reliance on a judgment which did not discuss or lay down the principle(s) of law subject matter of the case in hand and was distinguishable on facts mentioned therein--- Trial Court had given no other reason for reaching the conclusion that how that case law was relevant, thus, making reference to such a case-law based on previous judgment to reach the conclusion was not sustainable--- Oder in question was devoid of plausible reasoning and patently ambiguous and there was no explanation in the same as to how the conclusion was reached in the matter and was also based on misreading or non-reading of judgment relied upon in the same, hence such reliance on the judgment was misplaced--- Jurisdiction vested in Trial Court had not been exercised properly--- High Court set aside order in question and the matter was remitted to Trial Courtfor decision afresh on the application filed by petitioners / defendants--- Revision was allowed accordingly.

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