750/2013 Suit Ghulam Farid Memon. (Plaintiff) V/S Province of Sindh and others. (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 03-FEB-15
Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for declaration---Cause of action and locus standi to file suit--- Scope--- Defendants moved application for impleadment as a necessary party in the suit on the ground that they were owners in possession of suit property---Application for impleadment was allowed and plaintiff was directed to file amended plaint---Plaintiff filed only amended title and did not file amended plaint to seek any relief against the newly impleaded defendants---Contention of defendants was that suit property had been transferred in their favour---Validity---Plaintiff ought to have filed an amended plaint if he was aggrieved by the claim of newly impleaded defendants---Declaration of status of suit property as village property could not be granted---Plaintiff was to claim declaration with regard to his personal right in the property, if the same had been denied by anyone---Plaintiff was not aggrieved by denial of any existing right in his favour he wanted that in future the proprietary rights might be conferred on him by regularization of land which he claimed to be under his occupation---Plaintiff having no proprietary right nor such right was under any threat, he was not entitled to seek any declaration---Present suit was filed after ownership rights with regard to suit property had already been conferred in favour of defendants through auction of government land---Defendants were in possession on the suit property---Plaintiff had filed present suit without any specific time/date of accrual of cause of action against the defendants---Claim of plaintiff stood demolished by the facts that defendants were owners in possession of suit land and despite such knowledge/ information, plaintiff had not shown any grievance against the defendants---Suit was dismissed for want of cause of action and locus standi to seek declaration, in circumstancesFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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