In The Lahore High Court Lahore: Judgment Sheet
In The Lahore High Court Lahore: Judgment Sheet
In The Lahore High Court Lahore: Judgment Sheet
Judgment Sheet
IN THE LAHORE HIGH COURT LAHORE
JUDICIAL DEPARTMENT.
C. R No. 2191/2012.
Muhammad Ashraf
Versus
Mst. Najma Begum alias Najma Sultana, etc
JUDGMENT
and three daughters/plaintiffs were born from one wife, whereas out of
suit for separation of their respective shares in the suit properties left by
same asserting that it was orally gifted to him by Inayat Ullah (father of
1984, but despite availability, required number of witnesses for its proof
2
C.R. No.2191 of 2012.
preliminary decree was granted in their favour by the learned Trial Court
Court below through judgment dated 07.06.2012 and since then, petition
in hand is pending.
petitioner being candid admitted that his client could not prove the
client were not considered by the learned two Courts below and secondly
Inayat Ullah had also left another property, but despite admission of said
is clear on the point that suit for partial partition is not maintainable.
Court lacked jurisdiction to partition the same, rather such remedy could
partition was raised before the learned two Courts below nor such issue
was pressed, thus no objection in this behalf could be raised for the first
alleged gift pleaded by his client was not proved, the Courts below
the impugned preliminary decree, which in this behalf now could not be
the time of final conclusion of such suit. Thus, till this time, no material
evidence in this regard, then learned Trial Court before whom suit is still
pending will decide the same on its basis besides keeping in mind
that this specific objection was never raised through written statement or
even pressed before the learned Courts below despite that the lis remained
pending there for almost one and half decades. It is well settled principle
of law that if a party does not claim some specific issue, then the plea, if
any, stands abandoned. In this regard reference may be made to the case
of “Atta Hussain Khan Vs. Muhammad Siddique Khan and others, (1979
before the learned Courts below where trial & appeal proceeded, then the
objection to that effect cannot be raised at revisional stage. See “Kaura and
others Vs. Allah Ditta and others” (2000 CLC 1018). Moreover, to the effect of
word nor brought any document to the extent of any other joint property.
thereof, the remedy solely lies with the Revenue Hierarchy, whereas
learned Civil Court lacks jurisdiction in this behalf. Reliance can be placed
upon the judgments reported as ”Muqadar and others Vs. Mst. Roshan and
others” (2008 CLC 43), “Qamar Sultan and others Vs. Mst. Bibi Sufaidan and
others” (2012 SCMR 695) and “Muhammad Ayaz and others Vs. Malik Zareef
by this Court and civil revision in hand having no merit is dismissed with
costs throughout.
Judge
*A.H.Qamar*