Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.11

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)----O. XLI, R.11---Specific Relief Act (I of 1877), S.42---Suit for declaration---Dismissal of appeal without summoning record of Trial Court---Plaintiff contended that appellate court could not dismiss the appeal in limine without summoning of record from the Trial Court---Validity---Nothing was produced by plaintiff to rebut the distribution of property by predecessor of the parties in his life time---Plaintiff having not objected to transfer of land by predecessor of the parties to his brothers was estopped to agitate the same through suit---Concurrent findings could not be disturbed in revisional jurisdiction unless s were perverse or without jurisdiction---Order XLI, R.11, C.P.C. empowered the appellate court to dismiss the appeal without sending notice to the lower court for transmission of record and without notice to respondents---Where appeal could be decided on the basis of material available before the appellate court, summoning of record was not necessary---Judgments of lower courts did not call for any interference---Revision was dismissed. Ashiq Ali and others v. Mst. Zamir Fatma and others PLD 2004 SC 10; Hameed Ahmad v. Gulab Khan 2006 SCMR 895; Muhammad Ibrahim v. Mst.Irshad Begum and others PLD 2002 SC 720 and Ali Muhammad v. Commissioner Afghan Refugees, N.-W.F.P. and others 1995 SCMR 1675 rel. (b) Civil Procedure Code (V of 1908)---O. XLI, R.11---Dismissal of appeal without summoning record of Trial Court---Powers of appellate court---Scope---Order O.XLI, R.11, C.P.C. empowered the appellate court to dismiss the appeal without sending notice to respondents---Where appeal could be decided on the basis of material available before the appellate court, summoning of record was not necessary. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This revision petition is directed against judgment and decree dated 11-12-2012, passed by learned Addl. District Judge/Izafi Zilla Qazi, Mastuj at Booni whereby the appeal filed by petitioner was dismissed and consequently the judgment and decree dated 16-10-2012, passed by learned Civil Judge/Illaqa Qazi, Mastuj at Booni, was maintained. 2. Briefly, the facts of the case are that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492