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MURAD ALI AND ANOTHERs vs AHMAD KHAN — 1984 CLC 683

Citation: 1984 CLC 683

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-01

Parties: MURAD ALI AND ANOTHERs vs AHMAD KHAN

Headnotes

Case cited as 1984 CLC 683

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: MURAD ALI AND ANOTHERs vs AHMAD KHAN Case No.: Civil Revision Application No, 128 of 1971 Date of Judgment:1971-06-01 Reported As: 1984 CLC 683 Result: Revision dismissed Judgment ORDER ' The respondent in this revision application had filed a suit in the Court of the 1st Class Civil Judge at Mirpurkhas against the present petitioners for a declaration of their title to agricultural land and for an injunction against the appellants. The land in dispute is situated in Umerkot and ordinarily the suit should have been filed in the Court of the Second Class Civil Judge, Umerkot. It is alleged by the present applicants that the respondents was interested in filing the suit in the Court of the 1st Class Civil Judge at Mirpurkhas instead of in the Court of the 2nd Class Civil Judge at Umerkot. This design could only be achieved by impleading in the suit a Government servant. Consequently the Tapedar of Umerkot was added with present applicants and it was alleged by the respondents that the said Tapedar was acting in collusion with the applicants. ' The learned Civil Judge framed the issues and gave his finding on all the material issues against the present applicants. However, in relation to the issue concerning his jurisdiction he came to hold that there was no evidence of collusion between the applicants and the Tapedar and that the Tapedar had wrongly been impleaded. In this view of the matter he held that with…

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