Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Limitation Act (IX of 1908), Ss.3, 4 & Art. 152---Suit for declaration--- Appeal--- Limitation---Plaintiff filed suit for declaration regarding partition proceedings conducted by Tehsildar---Suit was decreed by the Trial Court to the extent of one half of the disputed property---Defendants filed appeal which was dismissed being barred by limitation---Defendants were delivered copies of the and decree of the Trial Court on 3-8-2006 and district courts were closed for civil business from 1-8-2006 to 31-8-2006---Limitation for presenting appeal expired on 27-8-2006 and defendants preferred appeal on the very first day of reopening of courts on 1-9-2006 which was filed within time---Revision was accepted and and decree of the Appellate Court were set aside and case was remanded to the Appellate Court for decision afresh. Muhammad Ramzan's case 1991 SCMR 716; Rasul Baksh's case PLD 1960 (W.P.) Kar. 741; Ikramullah's case PLD 1979 SC 741; Nooruddin's case 2000 SCMR 354 and Haji Zakaria's case 1989 CLC 1033 rel. (b) Administration of justice--- ----All issues to be resolved on merits. Mst. Sughran Bibi v. Mst. Jamila Begum 2001 SCMR 772 rel. JUDGMENT MRS. IRSHAD QAISER, J.---This revision petition is directed against the judgment and decree dated 25-7-2008 of the learned Additional District Judge-IV, Mansehra, whereby, appeal filed by the present petitioners against the judgment and decree dated 29-6-2006 of Civil Judge, Mansehra, was dismissed. 2. The brief and essential facts leading to the present petition are that respondent No.1 Aurangzeb Khan Instituted Suit No.29/1 on 10-5-2001 in the Court of Civil Judge, Mansehra against the petitioners and 'pro forma' respondents Nos.11 to 25 and respondent No.2 (proforma respondent No.26 in the suit) for declaration regarding the partition proceedings conducted by Tehsildar, Mansehra, being 'Hissadar' owner in possession of the disputed property to the extent of 8 'Kanals' 10 Marlas' comprised in 'Khasra' Nos.3063 and 3077, situated in 'Mauza' Mansehra. He also prayed for perpetual injunction restraining "the petitioners from interference in the disputed…

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