Qanuni Amdad urdu

Exparte-decree setaside. 2024 C L C 1588 [Peshawar (Mingora Bench)] Before Muhammad Naeem Anwar, J Haji MAQBOOL AHMAD----Petitioner Versus NADAR KHAN and others----Respondents Writ Petition No.996-M of 2021, decided on 30th November, 2023. Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.V, R.17---Constitution of Pakistan, Art. 199---Constitutional petition---Substituted service---Principle--- Petitioner / plaintiff filed suit for specific performance of agreement to sell and Trial Court proceeded ex-parte against respondent / defendant---Lower Appellate Court in exercise of revisional jurisdiction set aside the order on the ground that substituted service was not properly issued---Validity--- Implementation of substituted service requires adherence to strict procedural requirements---Substituted service serves as an essential tool in ensuring effective communication within the legal system, as it enables progress of legal proceedings even when persona...

Declaration without possession  2024 C L C 1596 [Lahore] Before Shahid Bilal Hassan, J Mst. SAHIB KHATOON alias SABAN----Petitioner Versus MUHAMMAD RAMZAN (Deceased) through L.Rs.----Respondent Civil Revision No.1167 of 2013, heard on 29th March, 2022. (a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 55---Limitation Act (IX of 1908), First Sched., Arts.91 & 120---Suit for declaration and permanent injunction in respect of immoveable property---Limitation---Petitioner filed a suit for declaration and permanent injunction challenging the vires of registered sale deed on the basis of fraud as the respondent/defendant was tenant over suit property and was paying share of produce---Later on defendant disclosed the factum of alleged sale deed and mutation by stating that petitioner had no concern with the suit property---Defendant/respondent contested the suit on factual and legal grounds---Trial Court decreed the suit but in appeal, the appellate Court set-aside the decree an...