appeal against he order ashraf masih 31.08.09
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7/27/2019 Appeal Against He Order Ashraf Masih 31.08.09
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IN THE COURT OF DISTRCT JUDGE, LAHORE
Appeal No. ___________ 2009
Ashraf Masih S/o Rehmat Masih R/o House No. 530-H Farooqia Colony
Jahanzib Block Allama Iqbal Town, Lahore.
APPELANT
Vs
Nazia Bibi W/o Ashraf Masih R/o House No. 30 Najaf Colony Bhekewall, Lahore.
RESPONDENT
APPEAL AGAINST THE JUDJMENT DATED
24.11.2010 PASSED BY ZAFAR IQBAL GUARDIAN
JUDGE II LAHORE, UNDER SECTION 55 OF
CHRISTIAN DIVORCE ACT 1869 AND ALL
OTHER ENABLING SECTIONS .
Respectfully Sheweth:
1. That the brief facts and circumstances leading to the institution of the
present appeal are that the respondent failed s suit for recovery of
maintenance allowing in accordance with Christian divorce act 1869
against the appellant, in which an order was passed on 27.04.2009 inwhich the Honorable Court struck of the right of cross examination
while the present Appellant was already present in the Court without
any proof that evidence witness were present in the Court.
2. Later on a Judgment/Decree was passed on dated 12.05.09 illegally,
unlawful by using the power of Section17-A of Family Court act.
3. That order dated 27.04.2009 Judgment/Decree dated 12.05.09 are
illegal and against the law and facts of the case hence liable to setaside on the following
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GROUNDS
a) That on dated 27.04.2009 Appellant was present before the
Court of Muhammad Yaseen Mohal at that time no any witness
was present in the Court nor any attendance has been marked
on record after attendance the counsel of Appellant went to
other Courts in his Course of work an emergency call come to
him that his father is seriously ill, after that call Counsel of
Appellant reached back to his home whereas the appellant also
tell the Court that his Counsel is not available because of
emergency. But the Court did not bother and passed the order
dated 27.04.2009
b) That the appellants Counsels father is died after few weeks of
this mater because of this kind of condition appellants Counsel
remain up set and did not handle the case properly.
c) That keeping in view the rule of Natural Justice and equity
Appellant must be given an opportunity to cross examine the
witnesses and produce his own evidence that justice could be
taken in accordance with law not as a punishment.
d) That the present case was filed for the Recovery of
Maintenance of her own and minor children under the
provisions of Christian divorce act 1869, where as the dession,
Judgment/Decree dated 12.05.09 has been passed under family
court act. Which is unsustainable in the eye of law.
e) That while passing the impugned Judgment dated 12.05.09
learned trial court failed to apply his mind about the provisions
of Christian divorce act 1869 which is clear about that only the
provisions of C.P.C shell apply.
f) That bear reading of the Judgment and Decree passed by the
trial Court show that it was passed on presumptions without
keeping in view the provisions of Christian divorce act 1869
which is clear about its every aspect.
g) That the learned Judge Family Court has acted in hasted and
passed the Judgment in away of punishment.
h) That the present Judgment decree dated 12.05.09 is passed by
lending the powers of Sec 17/A of Family Court act where as
the present case was filed under Christian divorce act 1869
while Sec 45 direct the Court that only the provision of civil
procedure code shall apply or all the proceedings under this act
between party and party shall be reagulated by the code of civil
procedure. So why the learned Court lended the power of Sec
17/A of Family Court act where as the procedure is already
directed by the Christian divorce act 1869 which made the
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impunged Judgment Decree dated 12.05.09 null and void in the
eye of law.
i) That there is no such provision existed in Civil procedure code
where non compliance of interim order a decree can be passed
which made the order Judgment dated 12.05.09 null and void in
eye of law.
j) That the learned trial Court has failed to consider even the
written statement and living standard of the appellant and
passed Judgment Decree the as a punishment without
considering the provision of Christian divorce act 1869. If the
order dated 12.05.09 is not declared null and void illegal and
unlawful the appellant shall suffer irreparable lass and injury.
Which is against Natural Justice and equity.
Prayer
Under the above mentioned facts law
and circumstance it is there fore most
respectfully prayed that the impunged
order dated 27.04.09 and Judgment
decree dated 12.05.09 may kindly be
set side and declared null and void in
the in trust of justice and equity.
Any other relief which the Honorable
appellant is entitled may also be
granted to the appellant in the larger
intrest of Justice and equality.
APPELANTThrough
Muhammad Kamran Siddiquei
Advocate High Court
Zahid Law Associates
2nd Floor Nawa-I-Waqt Building
Shahra-e- Fatima Jinnah Lahore
VerificationVerified on oath at Lahore on this __ day of September 2009that the contents of the above affidavit are correct and true
to the best of my knowledge and nothing has been concealed
there form
RESPONDENT
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