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Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Suit for declaration, dismissal of--Inheritance--Right of female--Appeal was accepted on basis of recalled compromise--Fraud and misrepresentation obtained signature and thumb-impression to get appeal--One of legal heir neither impleaded in suit nor in appeal--Entitlement to legacy of deceased--Validity--Right of inheritance is Quranic injunction, which, beyond doubts, cannot be defeated or denied or violated in any manners whatsoever--Revision was allowed. THIS ORDER PASSED BY: ALI AKBAR QURESHI, JUSTICE---.--- This civil revision is directed against the judgment dated 28.04.2004 passed by the learned Addl. District Judge, Karor, District Layyah whereby the application U/S. 12(2), CPC filed by the petitioner was dismissed. 2. The necessary facts for the disposal of this petition are, that a suit for declaration was filed by Sajjad Hussain andMst. Irshad Mai, the son and daughter of deceased Talib Hussain, respectively, against Nokar Hussain and Mazhar Abbas, sons of Wali Muhammad, on the grounds; that they are in possession of the suit land and the registered sale-deed allegedly executed by their predecessor namely, Talib Hussain is illegal and be declared unlawful. The suit was contested by the defendants namely Nokar Hussain and Mulazim Hussain sons of Wali Muhammad, by filing written statement, the learned trial Court after exhausting the procedure, finally dismissed the suit by way of judgment and decree date 05.07.1993. 3. An appeal was filed by Sajjad Hussain etc. The defendants of the suit namely, Nokar Husain etc. appeared through counsel on 28.07.1993. On 21.02.1994, the appeal was adjourned to 28.04.1994, but in the meanwhile on an odd date i.e. 29.03.1994, the appellant/plaintiff moved an application to the effect, that the parties have compromised, therefore, the suit be decreed by accepting the appeal. The learned Addl. District Judge summoned the file on same day and Nokar Hussain etc., real brother of the petitioner, appeared through another counsel namely Malik Mulazim Hussain Advocate on 29.03.1994, who recorded his statement that in view of the compromise, the appeal be accepted and the…

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