2017 PLP 52 (CLCN)
Mst. FAZLAN MAI through L.Rs — Petitioners Versus MANZOOR KHAN through LRs. and 2 others — Respondents
| Citation | 2017 PLP 52 (CLCN) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | Mst. FAZLAN MAI through L.Rs — Petitioners Versus MANZOOR KHAN through LRs. and 2 others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2017 PLP 52 (CLCN)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 52 (CLCN)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 52 (CLCN) (Mst. FAZLAN MAI through L.Rs — Petitioners Versus MANZOOR KHAN through LRs. and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arrab Hassan Asif for Petitioners.
Headnotes / Summary
S. 42
Civil Procedure Code (V of 1908), O. XLI, R. 33
Cross objection
Scope
Person who had come to the court for redressal of his/her grievance should show that he/she had knocked the door of the court within prescribed period of limitation
If such fact was ignored by the trial court, appellate court was not debarred from taking into consideration and decision of such issue in accordance with law when same was pressed by the other side
When suit was dismissed and no part of the decree was passed in favour of plaintiff, there was no need to the other side to file cross objection
If part of a decree was against a party then without filing cross objection the finding of Trial Court could not be reversed by the Appellate Court
When no part of a decree was against the defendant, Appellate Court could consider such findings without challenge from the party against whom those were recorded without filing of cross objection
Revision being not maintainable was dismissed in circumstances. [Para. 6 of the judgment]
Judgment & Decree
MANZOOR KHAN through LRs. and 2 others
Respondents C.R. No.1248-D of 2001, decided on 21st April, 2015. Specific Relief Act (I of 1877)
S. 42
Civil Procedure Code (V of 1908), O. XLI, R. 33
Cross objection
Scope
Person who had come to the court for redressal of his/her grievance should show that he/she had knocked the door of the court within prescribed period of limitation
If such fact was ignored by the trial court, appellate court was not debarred from taking into consideration and decision of such issue in accordance with law when same was pressed by the other side
When suit was dismissed and no part of the decree was passed in favour of plaintiff, there was no need to the other side to file cross objection
If part of a decree was against a party then without filing cross objection the finding of Trial Court could not be reversed by the Appellate Court
When no part of a decree was against the defendant, Appellate Court could consider such findings without challenge from the party against whom those were recorded without filing of cross objection
Revision being not maintainable was dismissed in circumstances. [Para. 6 of the judgment] Arrab Hassan Asif for Petitioners.