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K.L.R. 2000 Civil Cases 462

FATEH MUHAMMAD And Other vs FAZALA (Deceased) And Other

CitationK.L.R. 2000 Civil Cases 462
CourtLahore High Court
Case No.Civil Revision No. 3 of 1991
Date1998-11-03
Judge(s)Ghulam Sarwar Sheikh
ResultN/A

JUDGMENT GHULAM SARWAR SHEIKH, J. - Claiming to be legal heir along with Mst. Naziran widow of Veeru, whose inheritance is involved in this "lis", a declaratory, suit with perpetual injunction as consequential relief was brought by Fazla, predecessor-in-interest of respondents. Inter alia, it was maintained, that decree dated 26.11.1979 in this context were inoperative and ineffective qua. His rights.

2. Claim, allegations and averments embodied in the plaint, were duly controverted, repudiated and traversed and suit was resisted on factual as well as legal plinth.

3. Divergent pleadings of the parties, entail the formulation of following issues:-

(1) Whether the suit is within time? OPP

(2) Whether the suit is barred by Sections'42 and 56 of Specific Relief Act? OPD

(3) Whether the suit is not maintainable in view of Section 12 (2) of CPC? OPD

(4) Whether the plaintiff has no cause of Action and locus standi, to bring this suit? OPD

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