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Latest Judgments (All Jurisdictions within Pakistan)
SH IQBAL HUSSAIN VS ANWAR HUSSAIN
Summary: Summary pending.
KHAWAJA ZIA IQBAL OTHERSS VS RASHEED AHMAD
Summary: Summary pending.
FAYYAZ MEHMOOD KHAN VS THE STATE
Summary: Summary pending.
HUSNAIN HAIDER SIAL VS TAYYAB ALIAS ASHRAF
Summary: Summary pending.
ELAHI BAKHSH VS MUHAMMAD SIDDIQUE
Summary: Summary pending.
SAIF ULLAH VS TE STATE
Summary: Summary pending.
MUHAMMAD Versus SHAHBAZ and 21 others
Summary: PLJ 2004 Lahore 832 Present MUHAMMAD MUZAMMAL KHAN J MUHAMMAD - Petitioner versus SHAHBAZ and 21 others - Respondents WP No 4908 of 2003 decided on 30122003 (i) Civil Procedure Code 1908 (V of 1908) - - - S 47 - Jurisdiction of Court to treat execution petition as a suit or a suit as an execution petition - Court has jurisdiction to treat any execution petition as a suit or a suit as an execution petition - Provision of S 47 (2) of CPC does not require that earlier some execution petition should have been pending - When a suit itself was to be treated as an execution petition of course subject to any objection as to limitation or jurisdiction pendency of some earlier execution petition was not needed for such conversion [P 835] A (ii) Civil Procedure Code 1908 (V of 1908) - - OVII Rll - Specific Relief Act (I of 1877) S 42 - Earlier suit decreed on basis of compromise - Competency to file fresh suit - Where decree was passed in suit for declaration and permanent injunction wherein some reciprocal exchange of land was agreed to be made in compromises discharge of respective obligations under that decree by a fresh suit cannot be held to be barred [P 836] B (iii) Civil Procedure Code 1908 (V of 1908) - - - S 47 (2) OVII R 11 - Constitution of Pakistan (1973) Art 199 - Rejection of plaint in terms of O VII R 11 CPC assailed - Suit by plaintiffpetitioner cannot be said to be barred or not maintainable especially when there was assertion that part of compromise effected in earlier suit remained un - performed - Judgment of Additional District Judge whereby plaint of petitioner in his suit was rejected was contrary to law declared by Supreme Court in Nazir Ahmads case reported as 1995 SCMR 933 and was not in consonance with provisions of S 47 (2) CPC therefore the same was declared to be void illegal and of no legal consequence - Suit of petitioner would thus deemed to be pending and would be decided in accordance with law [Pp 836 937] C 1995 SCMR 933 1999 MLD 901 2001 CLC 707 NLR 1994 Civil 505 and 1999 SCMR 2396 ref Sheikh Naveea Shaharyar Advocate tor Petitioner Mr Khurshid Ahmad ChdUdhary Advocate for RespondentsJudgement Result:Petition accepted.
SHEZAN SERVICES LIMITED (Now known as SHEZAN SERVICES (PRIVATE) LIMITED vs SHEZAN BAKERS AND CONFECTIONERS (PVT) LTD and another
Summary: Summary pending
MUKHTAR AHMAD ALIAS MOKHA VS AHMAD
Summary: Summary pending.
ELLAHI BAKHSH VS SHAH JEHAN
Summary: Summary pending.