Law: Qanun-e-Shahadat (10 of 1984)

Section: 100

(a) Civil Procedure Code (V of 1908)-------S.11, O.I, Rr.3, 8 & O.VII, R.11---Specific Relief Act (I of 1877), Ss.8 & 42---Suit for declatation and possession in representative capacity---Plaintiff claimed to be owner of shamilat deh on basis of statements made by four co-sharers surrendering entire suit-land in favour of plaintiff---Defendants' plea that plaint in earlier suit for adverse possession filed by plaintiff was rejected, thus, present suit was hit by principle of res judicata; and such four co-sharers were authorized to surrender entire shamilat deh in favour of plaintiff on behalf of other co-sharers therein---Validity---Statement of such four co-sharers would be binding on them to the extent of their unpartitioned share in shamilat deh, for which they were not required to get permission from other co-sharers including the defendants---Such unpartitioned share of said four co-sharers became ownership of plaintiff---Plaint in earlier suit for adverse possession had been rejected after Shariat Court declared the right of adverse possession as repugnant to Injunctions of Islam---Plaintiff had rightly filed the present suit after his right of adverse possession came to an end by operation of law---Plea of defendants was overruled, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.17---Amendment in plaint---Scope---Order of Trial Court disallowing amendment in plaint on ground that suit was at final stage---Validity---Amendment in plaint could be allowed even at final appellate stage i.e. Supreme Court---Finding of Trial Court being against law, High Court set aside impugned order in circumstances. (c) Civil Procedure Code (V of 1908)--- ----O. I, Rr. 3 & 8---Specific Relief Act (I of 1877), Ss.8 & 42---Suit for declaration and possession in representative capacity---Ownership of shamilat deh in village "K" claimed by plaintiff on basis of statements of four co-sharers therein---Defendants' objections that disputed shamilat deh initially being part of village "K" was later on made part of village "S", whereas plaintiff had not impleaded owners of shamilat deh of village "S"---Validity---Record showed that at the time…

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