108/2019 R.A (Civil Revision) Syed Muzafar Ahmed Ashraf through his L.Rs.& ors. (Applicant) V/S Anwar Ali Janwri and others (Respondent)

Sindh High CourtCivil Law2024

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

108/2019 R.A (Civil Revision) Syed Muzafar Ahmed Ashraf through his L.Rs.& ors. (Applicant) V/S Anwar Ali Janwri and others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 12-FEB-24

The onus was on the Plaintiff to prove his claim to succeed in his suit. A prayer clause has no place in the Written Statement, and the trial court should have ignored it. Instead, the trial court copied and pasted the prayer clause from Defendant/Respondent No.1???s Written Statement as an issue on which parties were at variance when this was clearly not the case. Issue No.5, framed by the trial court, was wholly alien and did not arise from the pleadings. As such, it was rightly ignored by the trial court in its judgment. The trial court correctly decided the suit on the sole issue of maintainability, and for the reasons discussed hereinabove, there was no need to examine the other issues framed by the trial court. Revision dismissed.

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108/2019 R.A (Civil Revision) Syed Muzafar Ahmed Ashraf through his L.Rs.& ors. (Applicant) V/S Anwar Ali Janwri and others (Respondent)

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