1989 PLP 3088 (MLD)
ASHRAF ALI SHAH — Petitioner Versus NOOR MUHAMMAD and others — Respondents
| Citation | 1989 PLP 3088 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | ASHRAF ALI SHAH — Petitioner Versus NOOR MUHAMMAD and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 1989 PLP 3088 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3088 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3088 (MLD) (ASHRAF ALI SHAH — Petitioner Versus NOOR MUHAMMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Auon Muhammad Rizvi for Petitioner.
Headnotes / Summary
S.42--Civil Procedure Code (V of 1908), S.115 & O.XIV--Suit for declaration- Dismissal--Contention of petitioner that proper issues were not framed by trial Court and as such no issue with regard to objection raised by plaintiff that transaction was without consideration was framed by trial Court and that petitioner was in possession of suit land--Suit remained pending decision for about four years but application under Order XIV, C.P.C. for amendment of issue or to frame additional issue was not moved by petitioner nor any such objection was raised before Appellate Court--Judgments of Courts below not suffering from any illegality or material irregularity or jurisdictional defect- Interference declined in revision.
Judgment & Decree
S.42--Civil Procedure Code (V of 1908), S.115 & O.XIV--Suit for declaration- Dismissal--Contention of petitioner that proper issues were not framed by trial Court and as such no issue with regard to objection raised by plaintiff that transaction was without consideration was framed by trial Court and that petitioner was in possession of suit land--Suit remained pending decision for about four years but application under Order XIV, C.P.C. for amendment of issue or to frame additional issue was not moved by petitioner nor any such objection was raised before Appellate Court--Judgments of Courts below not suffering from any illegality or material irregularity or jurisdictional defect- Interference declined in revision. Syed Auon Muhammad Rizvi for Petitioner. On 17-12-1981 Ashraf Ali petitioner filed suit for declaration against Noor Muhammad and others, respondents. The suit was resisted, issues were framed, the parties led their evidence and the trial Court dismissed the suit on 26-1 1985. The appeal filed by the petitioner against this judgment was dismissed by the learned District Judge, Bahawalnagar on 3-1-1988, hence this revision 2. Learned counsel for the petitioner submits that proper issues were not framed by the trial Court, that no issue with regard to the objection raised by the plaintiff that the transaction was without consideration, was framed by the trial i Court and that the petitioner is in possession of the suit land. 3. I have considered the submissions made by the learned counsel with care. I find that the suit remained pending decision for about 4 years but no application under Order 14 C.P.C. for the amendment of the issue or to frame additional issue was moved by the petitioner. Furthermore, this objection was not raised before the learned Appellate Court-The judgments of the Courts below do not suffer from any illegality or material irregularity or jurisdictional defect. For what has been said above, the petition is dismissed in limine. M.Y.H./A-672/L Petition dismissed.