1440/2009 Suit Mst.Shabana Yasmeen (Applicant) V/S Prov.of Sindh (Defendant)

Sindh High CourtCivil Law2012

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

1440/2009 Suit Mst.Shabana Yasmeen (Applicant) V/S Prov.of Sindh (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 27-AUG-12

For the purpose of existence or absence of a prima facie case in relation to exercise under Order XXXIX rules 1 & 2, facts canvassed by both sides have to be examined and it is on preponderance of facts as based on documentary material and averments in the way of affidavits that concept of arguable case has to be determined. In addition, while deciding application under Order XXXIX rules 1&2 CPC, Court is required to travel beyond four corners of plaint to determine, though tentatively, as to on what facts, finding is to be based. Thus spectrum of Order XXXIX rules 1 & 2 CPC is broader and more comprehensive

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1440/2009 Suit Mst.Shabana Yasmeen (Applicant) V/S Prov.of Sindh (Defendant)

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