Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Suit for declaration was decreed by Appellate Court---Application of the defendant under S. 12(2), C.P.C. was dismissed by Appellate Court on the ground that the same would lie before a superior court as the matter had gone up to the Supreme Court---Validity---Suit was dismissed by Trial Court; but was partly decreed by Appellate Court; which order was upheld up to the Supreme Court---Application under S. 12(2), C.P.C., in circumstances, would lie before the Court which had passed the final decree, that was not modified, which, in the present case, was the Appellate Court; and would not lie before the High Court or the Supreme Court---High Court set aside impugned order---Revision was allowed, in circumstances. Mubarik Ali v. Fazal Muhammad and another PLD 1995 SC 564 and Muhammad Yousuf through Legal Heirs and others v. Noor Din and others PLD 2002 SC 391 rel. ORDER CH. SHAHID SAEED, J.---The civil revision is directed against order dated 5-5-2006 passed by learned Additional District Judge, Faisalabad whereby the application under section 12(2), C.P.C. filed by the petitioners was dismissed simply on the ground that it was not maintainable before the learned Additional District Judge but before a superior court because the matter has already been dealt with by courts uptil the Hon'ble Supreme Court of Pakistan. 2. Succinctly stated the facts of the case are that respondent No.1 filed a suit for declaration on 4-2-1992 wherein Mutations Nos.374 and 382 were challenged as being without consideration, without notice and illegal which was dismissed by the learned trial Court vide judgment and decree dated 28-7-1999. However, in appeal, the learned lower appellate court dismissed the suit to the extent of Mutation No.374 but decreed the suit to the extent of Mutation No.382 vide judgment and decree dated 8-5-2000 which was challenged in Civil Revision No.1478 of 2000. This court dismissed the Civil Revision vide judgment dated 28-3-2002. Thereafter, the matter went in CPLA before the Hon'ble Supreme Court of Pakistan who dismissed the same vide judgment dated 19-2-2003. So, the judgment and decree of learned…

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