1981 PLP 389 (CLC)
MAHMOOD AHMAD‑Petitioner Versus MUHAMMAD SHAFI AND 3 OTHERS‑ Respondents
| Citation | 1981 PLP 389 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad llyas, J |
| Parties | MAHMOOD AHMAD‑Petitioner Versus MUHAMMAD SHAFI AND 3 OTHERS‑ Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 389 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 389 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad llyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 389 (CLC) (MAHMOOD AHMAD‑Petitioner Versus MUHAMMAD SHAFI AND 3 OTHERS‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed H. M. Naqvi for Petitioner.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑‑ ‑‑‑ O. VII, r. 11 & O. XXI, rr. 100 & 103‑Rejection of plaint Petitioner himself stating in plaint filed by him to have filed objection petition before Court executing ejectment order‑Petitioner's suit as such, held, barred by r. 103 of O. XXI and plaint could be rejected under cl. (d) of r. I1 of O. VII, without taking into account written statement of defendant and order of rejection of plaint not open to any legitimate exception even if written statement excluded from consideration.‑[Plaint]. (b) Civil Procedure Code (V of 1908)‑
0. VII, r. 11 & O. XXI, r. 103‑Rejection of plaint‑Prayer though made with regard to entries in Permanent Transfer Deed yet petitioner by filing his suit wishing to safeguard his possession of, and other rights and interest, in disputed property on basis of agreement of sale alleged to have been entered into by a person, such person according to petitioner, being real transferee of property‑Object behind institution of suit by petitioner being same for which petitioners filed objection petition, petitioners, held, cannot be permitted to circumvent law by claiming relief in such manner as to get out of teeth of r. 103.‑ [Plaint].
Judgment & Decree
Civil Revision No. 2043‑D and Civil Miscellaneous No. 7359/C of 1980, decided on 13th December, 1980. (a) Civil Procedure Code (V of 1908)‑‑ ‑‑‑ O. VII, r. 11 & O. XXI, rr. 100 & 103‑Rejection of plaint Petitioner himself stating in plaint filed by him to have filed objection petition before Court executing ejectment order‑Petitioner's suit as such, held, barred by r. 103 of O. XXI and plaint could be rejected under cl. (d) of r. I1 of O. VII, without taking into account written statement of defendant and order of rejection of plaint not open to any legitimate exception even if written statement excluded from consideration.‑[Plaint]. (b) Civil Procedure Code (V of 1908)‑
0. VII, r. 11 & O. XXI, r. 103‑Rejection of plaint‑Prayer though made with regard to entries in Permanent Transfer Deed yet petitioner by filing his suit wishing to safeguard his possession of, and other rights and interest, in disputed property on basis of agreement of sale alleged to have been entered into by a person, such person according to petitioner, being real transferee of property‑Object behind institution of suit by petitioner being same for which petitioners filed objection petition, petitioners, held, cannot be permitted to circumvent law by claiming relief in such manner as to get out of teeth of r. 103.‑ [Plaint]. Syed H. M. Naqvi for Petitioner.