BEFORE THE HONOURABLE DISTRICT JUDGE RAWALPINDI
- Sagheer Hussain
- Chan Shahzada son of Ghulam Hussain resident of Dhoke Abdullah Dhamial Road, Terbela Colony, Rawalpindi
Appellant
Versus - Farhan Yaseen
- Raja Chan Shahzad
- Raja Sagheer Hussain sons of Muhammad Arif Raja resident of Terbela Colony, Jorian, P.O Dhamial, Rawalpindi.
Respondents
APPEAL UNDER AGAINST THE ORDER DATED 15-01-2019 PASSED BY LEARNED SHAGUFTA SABIR, CIVIL JUDGE CLASS-II, RAWALPINDI, WHEREBY THE APPLICATION FOR INITIATING PROCEEDINGS UNDER SECTION 476 PPC, FILED BY APPELLANT WAS DISMISSED.
PRAYER/ CLAIM IN APPEAL
To set aside the impugned order dated 15-01-2019 passed by learned Civil Judge Class-II, Rawalpindi
Respectfully Sheweth:
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That the respondents filed a suit for possession, permanent and mandatory injunction against the appellant which is pending adjudication.
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That on 09-10-2017 respondents got recorded statement that stay order from High Court Rawalpindi Bench Rawalpindi against the order dated 09-09-2017 has been passed , therefore they requested that time be given to them for submission of attested copy of said order. Upon this, the adjournment was granted.
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That the respondents did not produce any attested copy of High Court, Rawalpindi and committed fraud with appellants as well as the court, therefore the appellant filed an application for initiating proceedings under section 476 PPC against respondents.
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That the learned trial court dismissed the application of appellant vide dated 15-01-2019, which is being assailed on the following grounds:-
GROUNDS
a. That it is evident from the order sheet that they respondents got recorded their statement about granting of stay order but despite of this very fact, the learned trail court ignored this and dismissed the application filed by appellant.
b. That the impugned order is not sustainable in the eyes of law, hence liable to be set aside.
c. That the impugned order is a result misreading and non reading of the material available on record.
d. That the respondents should be punished under section 476 PPC as they committed misrepresentation /fraud with the court.
e. That the impugned order is a non-speaking order, hence liable to be set aside.
f. That the impugned order has been passed illegally and unlawfully.
PRAYER:
Under the above mentioned circumstances, it is therefore respectfully prayed that impugned order dated 15-01-2019 passed by learned civil judge Rawalpindi and to initiate proceedings under section 476 PPC against the respondents for committing fraud / misrepresentation with court as well as with appellants.
Any other relief which this honourable court deems fit in the above given circumstances of the appeal may also be awarded.
Appellant
Through
Muhammad Mateen
**Advocate High Court, **
Rawalpindi.
CERTIFICATE:
Certified as per instructions received, this is the first appeal on the subject matter being filed before this Honourable Court.
Counsel
BEFORE THE HONOURABLE DISTRICT JUDGE RAWALPINDI
Sagheer Hussain etc. Versus Farhan Yaseen etc.
APPEAL UNDER AGAINST THE ORDER DATED 15-01-2019 PASSED BY LEARNED SHAGUFTA SABIR, CIVIL JUDGE CLASS-II, RAWALPINDI, WHEREBY THE APPLICATION FOR INITIATING PROCEEDINGS UNDER SECTION 476 PPC, FILED BY APPELLANT WAS DISMISSED.
AFFIDAVIT
I, Sagheer Hussain son of Ghulam Hussain resident of Dhoke Abdullah Dhamial Road, Terbela Colony, Rawalpindi, do hereby solemnly affirm and declare as under:
That the contents of the accompanying appeal are true and correct to the best of my knowledge and belief and nothing has been concealed there from.
Deponent
Verified at Rawalpindi on this _____day of February, 2019 that the contents of the above said affidavit are true and correct.
**Deponent**