IN THE LAHORE HIGH COURT, LAHORE

W.P. NO.______________/2015

Ghulam Rasool son of Rehmat Ali, Caste Rajpoot, resident of Chak

No229 GB, Tehsil Sumandri, District Faisalabad.

PETITIONER
VERSUS

1. The learned Addl. District Judge Jaranwala.

2. The Civil Judge with powers of Judge Family Court, Jaranwala.

3. Mst.Najma Bibi daughter of Sardar Ali, Caste Rajpoot, resident

of Chak No229 GB, Tehsil Sumandri, District Faisalabad
presently residing at Chak No.362-GB, Tehsil Jaranwala, District
Faisalabad.

RESPONDENTS
***
WRIT PETITION
UNDER ARTICLE 199 OF CONSTITUTION OF ISLAMIC REPUBLIC OF

PAKISTAN 1973 AGAINST JUDGMENTS AND DECREE

DATED:28.01.2015 PASSED BY RESPONDENT NO.1/ LEARNED ADDL.

DISTRICT JUDGE, JARANWALA AND DECREE DATED:03.04.2014

PASSED BY RESPONDENT NO.2/ LEARNED CIVIL JUDGE WITH THE

POWERS OF JUDGE FAMILY COURT JARANWALA.

***

Respectfully sheweth: -
 2

1. That the addresses of the parties as given in the head note of

this writ petition are correct for the process of this Honourable

Court.

2. That brief facts giving rise to the filing of present petition are

that the petitioner’s son namely Riasat Ali was got married with

respondent No.3 on 22.01.2006 according to Muslim Rites and

rituals. It is pertinent to mention here that the son of the

petitioner was servant in Pak Army and he has Martyred/

Shaheed during bomb blast on 27.05.2009 when he was

performing his duty. It is also pertinent to mention here that no

issue was born from this wedlock. The respondent No.3

remained the house of the petitioner till the period of her Iddat.

3. That the respondent No.3 started playing at the hands of her

parents (mother) used to leave the house of the petitioner and

thereafter filed the titled suit just to tease, harass, humiliate and

blackmail the petitioner for ulterior motives and leveled false

allegations against the petitioner in the suit/ plaint. It is

pertinent to mention here that the respondent No.3 along with

her parents came at the house of the petitioner and took away

the dowry articles from the house of petitioner which was given

at the time of marriage to respondent No.3, the respondent

No.3 at the instigation of her parents filed this suit against the

petitioner. Copy of suit is attached as ANNEXURE-A.

 3

4. That the petitioner denied the version of the respondent No.3

by filing written statement, brought the actual and true facts on

record. Copy of written statement is attached as ANNEXURE-B.

5. That the learned trial court/Judge Family court/ respondent

No.2, out of divergent pleadings of the parties, framed the

following issues which are reproduced as under:-

ISSUES:

1) Whether plaintiff was given dowry articles according to the list

attached with the suit at the time of her marriage and she is

entitled to recover the same from defendant as prayed for? OPP

2) Whether plaintiff has no case of action to file the suit and same

is liable to be dismissed? OPD

3) Whether dowry articles were returned by the defendant to the

plaintiff and plaintiff has no cause of action to file the suit and

suit is not maintainable in its present from? OPD

4) Relief.

6. That the parties produced their respective evidences, the

respondent No.3 miserably failed to prove her version whereas

the petitioner fully proved her version accordingly. Copies of

evidence are appended as ANNEXURE-C & C/1.

7. That the learned trial court/ respondent No.2 without going

through the record and without applying his judicious mind

 4

decreed the suit in favour of respondent No.3 to the extent of

dowry articles Rs.2,50,000/- vide judgment and decree

dated:03.04.2014. Copy of judgment and decree is attached as

ANNEXURE-D.

8. That the respondent No.3 filed appeal against the judgment and

decree dated:03.04.2014 passed by respondent No.2 before

worthy District Judge Jaranwala which was entrusted to the

court of Muhammad Saleem, learned Addl. District Judge

Jaranwala/ respondent No.1 who without going through the

record, without applying his judicious mind, dismissed the

appeal of the petitioner vide judgment and decree

dated:28.01.2015 (hereinafter called the impugned judgment &

decree). Copy of grounds of appeal and impugned judgment and

decree are attached as ANNEXURE-E & E/1 .

9. That the impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and decree

dated:03.04.2014 passed by respondent No.2 are liable to be

set aside/ recalled inter-alia on the amongst other:-

GROUNDS

a) That impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and

decree dated:03.04.2014 passed by respondent No.2 are

due to misreading and non reading of the record, against the

 5

law and facts of the case, hence same are liable to be set-

aside/ recalled/ modified on this score alone.

b) That impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and

decree dated:03.04.2014 passed by respondent No.2 are

neither maintainable nor sustainable in the eyes of law and

the same are liable to set-aside.

c) That the respondent No.3 intentionally and deliberately

concealed the actual and true facts from the Honourable

courts just to get her ulterior motives which were duly came

on surface but the learned appellate court/ respondent No.1

while passing the impugned judgment and decree dated:

28.01.2015, hence same is liable to be set-aside/ recalled on

this score alone.

d) That impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and

decree dated:03.04.2014 passed by respondent No.2 are

due to misreading and non reading of the record, hence the

same are liable to be modified/ recalled to secure the ends

of justice.

e) That impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and

decree dated:03.04.2014 passed by respondent No.2 are

 6

liable to set-aside as same are not according the record, the

law, evidence and facts of the case.

f) That the both courts below had exercised their jurisdiction in

a mechanical way without considering the facts and

circumstances of the case.

g) That the other grounds available to the petitioner shall be

submitted at the time of final arguments.

h) That if impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and

decree dated:03.04.2014 passed by respondent No.2 are

not modified/ recalled/ set-aside, the petitioner shall be

bound to suffer with irreparable loss and injury.

10. That the petitioner has no other adequate remedy except to

invoke the extra ordinary constitutional jurisdiction of this

Honourable Court to redress his grievance, hence this petition.

PRAYER:-

In view of the above submissions, facts and circumstances it is,

most respectfully prayed that this writ petition may very kindly be

accepted and impugned judgment and decree dated:28.01.2015

passed by respondent No.1 & impugned judgment and decree

dated:03.04.2014 passed by respondent No.2 may very kindly be set-

 7

aside/ recalled/ modified in the supreme interest of justice, fair play

and equity.

It is also prayed that the operation of impugned judgment and

decree dated:28.01.2015 passed by respondent No.1 & impugned

judgment and decree dated:03.04.2014 passed by respondent No.2

and further proceedings (if any) may graciously be suspended to meet

the ends of justice, fair play and equity.

Any other relief to which this Honourable Court deems fit and

appropriate may also be awarded.

PETITIONER

Through:

(A. D. KAHLOON)
Advocate High Court,
C.C.No.P-NW-18913
Kashif Chambers, 6-Lodg Road,
Old Anarkali, Lahore.
[Amin-15]
Dated:05.04.2015
CERTIFICATE:
1. Certified that this petition has arisen from violation/non-
fulfillment of obligations under the law and that alternate
remedy provided by law has been availed of by petitioner.
2. As per instructions, this is the first writ petition on the
subject before this Honourable Court.

ADVOCATE
 IN THE LAHORE HIGH COURT, LAHORE

In re:-

Ghulam Rasool….VS…… Addl. District Judge Jaranwala, etc.

***

AFFIDAVIT

Of Ghulam Rasool son of Rehmat Ali, Caste Rajpoot, resident of

Chak No229 GB, Tehsil Sumandri, District Faisalabad.

***

I, the above named deponent do hereby

solemnly affirm and declare as under :-

That the contents of accompanying writ petition

are correct and true to the best of my knowledge and
belief.

DEPONENT

VERIFICATION:

Verified on oath at Lahore on 05.04.2015 that

the contents of this affidavit are correct and true to
the best of my knowledge and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, LAHORE.

C.M.No.__________________/2015
IN
W.P. NO._______________/2015
Ghulam Rasool….VS…… Addl. District Judge Jaranwala, etc.
***

APPLICATION UNDER SECTION 151 CPC FOR THE GRANT

OF INTERIM RELIEF.

** *

Respectfully sheweth:-

1. That averments of the main petition may be read as integral

part of this application on the basis whereof the petitioner has

a good prima facie case of succeed before this Honourable

Court.

2. That the balance of convenience lies in favour of the

petitioner.
 10

3. That if the stayed prayed for is not granted and operation of

impugned judgment and decree dated: 28.01.2015 passed by

respondent No.1 and further proceedings on the basis of same

(if any) are not suspended/ stayed, the petitioner is bound to

suffer irreparable loss and injury.

PRAYER:-

It is therefore, humbly prayed that till the final disposal of this writ

petition, the operation of the impugned judgment and decree dated:

28.01.2015 passed by respondent No.1 and further proceedings (if

any) may graciously be suspended to meet the ends of justice. Ad-

interim relief is also prayed for till the final disposal of instant

petition to meet the ends of justice.

PETITIONER

Through:

(A. D. KAHLOON)
Advocate High Court,
C.C.No.P-NW-18913
Kashif Chambers, 6-Lodg Road,
Old Anarkali, Lahore.
[Amin-15]
Dated:05.04.2015
 IN THE LAHORE HIGH COURT, LAHORE.

C.M.No.__________________/2015

IN

W.P. NO._______________/2015

Ghulam Rasool….VS…… Addl. District Judge Jaranwala, etc.

***

AFFIDAVIT

Of Ghulam Rasool son of Rehmat Ali, Caste Rajpoot, resident of Chak

No229 GB, Tehsil Sumandri, District Faisalabad.

I, the above named deponent do hereby solemnly affirm and

declare as under :-

1. That averments of the main petition may be read

as integral part of this application on the basis
whereof the petitioner has a good prima facie case
of succeed before this Honourable Court.

2. That the balance of convenience lies in favour of

the petitioner.

3. That if the stayed prayed for is not granted and

operation of impugned judgment and decree
dated: 28.01.2015 passed by respondent No.1 and
further proceedings on the basis of same (if any)
are not suspended/ stayed, the petitioner is bound
to suffer irreparable loss and injury.

DEPONENT
VERIFICATION:

Verified on oath on 05.04.2015 that the contents of this affidavit

are correct and true to the best of my knowledge and belief.
12

DEPONENT
 IN THE LAHORE HIGH COURT, LAHORE

W.P. NO.______________/2015
Ghulam Rasool….VS…… Addl. District Judge JAranwala, etc.
***
INDEX

Sr.No. DESCRIPTION OF DOCUMENTS Pages

1. WRIT PETITION 1-6

2. Affidavit to above. 7
3. ANNEXURE-A (Copy of plaint) 8-
4. ANNEXURE-B (Copy of written statement) -
5. ANNEXURE-C & C/1(evidence of the parties) -
6. ANNEXURE-D (judgment and decree -
dated:03.04.2014)
7. ANNEXURE-E (impugned judgment & decree -
dated: 28.01.2015 & grounds of appeal)
8. Application for interim relief with affidavit. -

Power of Attorney

PETITIONER

Through:

(A. D. KAHLOON)
Advocate High Court,
C.C.No.P-NW-18913
Kashif Chambers, 6-Lodg Road,
Old Anarkali, Lahore.
[Amin-15]
Dated:05.04.2015