Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration---Application under S.12(2), C.P.C. was dismissed summarily by Trial Court without recording evidence---Trial Court was not obliged to record evidence in each case---Prejudice had been caused to the case of the petitioner denying him the opportunity to prove the ownership of disputed property---No documentary proof was placed on record---Effect---No fraud was committed which could have given a cause of action for filing an application under S.12(2), C.P.C. against and decree and there was no substance in the application to put it to trial---Application moved under S.12(2), C.P.C. not necessarily be decided after recording of evidence---Constitutional petition was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration---Suit was decreed in favour of the plaintiff through written consent statement of widow who was owner of the land in question---Contention that lady was reflected in the record-of-rights as widow, therefore presumption arose that she herself was not owner of the land but inherited the land of her deceased husband as per custom and thus she could not become absolute owner of the subject property---Validity---Widow (allottee of land) was recorded as an absolute owner of the subject land in the record of rights---Lady could not be presumed to be a limited owner as a widow under the custom in circumstances. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others PLD 1971 SC 791 and Syed Muhammad Munir (represented by 10 heirs) and others v. Abu Nasar Member (Judicial) Board of Revenue, Punjab, Lahore and 7 others PLD 1972 SC 346 distinguished. ORDER NASIR SAEED SHEIKH, J.---One Moazma Khatoon instituted a suit for declaration and permanent injunction on 31-5-2000 against Dilbari Begum widow of Syed Jalal Hussain. This suit was instituted in the Court of Senior Civil Judge, Mandi Bahauddin. The case of…

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