Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 96 read with S.107---Appeal---Appeal by stranger ---Competency--­Stranger was also competent to file an appeal if he was adversely affected by order, passed in suit or proceedings---When defendant in a suit died during pendency of suit, his legal heirs would have locus standi to file appeal against passed in the suit in which their deceased father was defendant. (b) Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction, exercise of---Appellate Court had passed decree validly and remanded the case---Petitioner having failed to point out any illegality in the and decree passed by Appellate Court same could not be interfered with in revisional jurisdiction of High Court. H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65; Inayatullah Khan v. Haji Muhammad Ayaz Khan through Legal heirs PLD 1988 Pesh. 33 and Nemat Ali and others v. Mst. Bakhtawar and others 1995 MLD 484 ref. JUDGMENT This civil revision has been filed to call in question the judgment and decree, dated 23-9-1999 passed by Additional District Judge, Mian Channu whereby the judgment and decree, dated 6-3-1998 passed by Mr. Waheed-ud-Din Tariq, Civil Judge, Mian Channu was set aside and case was remanded for decision afresh. 2. The facts giving rise to the present writ petition are that agricultural land measuring 103 Kanals, 7 Marlas situated at Chak No.88/15-L, Tehsil Mian Channu, District Khanewal was allotted in favour of Muhammad Rafique petitioner and his brother Muhammad Hanif under Islamabad Outsees Scheme on 2-7-1974. Muhammad Hanif the brother of the petitioner died on 30-8-1990 and his share of land was mutated in favour of Muhammad Rafique petitioner. In the life of Muhammad Hanif, defendant No. l had manoeuvred a fictitious power of attorney on behalf of Muhammad Rafique and Muhammad Hanif and transferred the property vide Mutation No.54 attested on 10-8-1970 in favour of defendant No.2 Muhammad Ashraf. Thereafter, defendant No.2 vide Mutation No.121 attested on 17-7-1974 transferred this property in favour of defendant No.6. In the meanwhile the respondent No.4 instituted a suit for…

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