Law:

Section:

(a) Administration of Justice--- ----Where public property is involved in a litigation, court is required to be more conscious and careful in dealing with such matters as it is a common phenomenon that officials of government departments do not perform their duties to safeguard interest of Government. (b) Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---New right, creating of---Scope---Plaintiff in such a suit is required to prove a case pleaded by him by producing cogent and convincing evidence---Decree can be granted by court in such a suit with regard to a pre-existing right of a party---New right cannot be created in favour of a party through a decree granted under S. 42 of Specific Relief Act, 1877. (c) Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.IX, R.13---Suit for declaration---Ex-parte decree, setting aside of---Fraudulent transaction---Plaintiffs claimed to be the owners of suit property which was originally a public property---Suit was ex parte decreed in favour of plaintiffs and application for setting aside ex parte decree was dismissed by Trial Court as well as Lower Appellate Court---Validity---All proceedings were fraudulent, when after cancellation of original allotment in favour of plaintiffs, there was complete silence of 19 years and after that on the basis of forged document claiming that payment had been made but payment had no value in the eye of law---Plaintiffs in their plaint asked for performance of some acts and duties, therefore, direction given by Trial Court through ex-parte decree to issue conveyance deed in favour of plaintiffs was not in the jurisdiction of Trial Court---Trial Court had no jurisdiction to pass such decree in favour of plaintiffs and the same were set aside and suit was dismissed---Revision was allowed in circumstances. Mst. Zulaikhan Bibi through L.Rs. and others v. Mst. Roshan Jan and others 2011 SCMR 986 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision petitioners/Province of Punjab etc. have challenged the judgment and decree dated 11-2-2012 passed by learned Additional District Judge, Khushab whereby…

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