2021 CLC 566 KARACHI-HIGH-COURT-SINDH
Sindh · 2021
Full text
Mst. SURRIYA BIBI VS MUHAMMAD ALI QURESHI S.15---Civil Procedure Code (V of 1908), S.12(2)---eviction petition---Bar to further suit---Scope---Petitioner assailed the concurrent dismissal of her application filed under S.12(2), C.P.C.---eviction order passed by Rent Controller against the petitioner had attained finality long ago as her appeal was dismissed by the Appellate Court on the ground of limitation, which order was not challenged by her any further---Petitioner had prayed in her application under S.12(2), C.P.C., that the main case against her, wherein the eviction order was passed, as well as the execution application be dismissed---Such prayer was beyond the scope of S.12(2), C.P.C.---Concurrent findings of courts below did not require any interference by the High Court---Constitutional petition was dismissed.
