Law:

Section:

Civil Procedure Code (V of 1908)---O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Application for rejection of plaint---Contention of defendants was that suit was hit by principle of res judicata, estoppel and was time-barred---Application for rejection of plaint was accepted by the Trial Court but same was dismissed by the Appellate Court---Validity---Plaintiffs had challenged the legality of mutation on the ground of its being based on fraud which was a separate cause of action---Question of fraud, res judicata and limitation could be resolved only after recording of evidence---Judgment and decree of the Appellate Court was based on sound reasons and was in accordance with law---No illegality or infirmity in the impugned and decree was found---Revision was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK, J.---This revision petition is directed against the judgment and decree dated 9-8-2012 of the learned Additional District Judge-V, D.I.Khan whereby appeal of the respondents against the judgment and decree dated 27-7-2012 of the learned Civil Judge-IV, D.I.Khan was accepted. 2. Short facts of the case are that the respondents Nos.1 and 2/plaintiffs filed a declaratory suit against the petitioner and others for cancellation of gift Mutation No.16847 attested on 25-5-2000 on the ground of its being based on fraud committed by the petitioner-defendant No.1 on their mother Mst. Saleh Bibi. Along with the plaint the respondents-plaintiffs moved an application for status quo while respondents-defendants Nos.21 and 22 also filed an application for their transposition as plaintiffs. These two petitions came up for hearing on 27-7-2012 before the learned trial court whereupon the learned trial court by invoking the provisions of Order VII Rule 11 C.P.C., rejected the plaint on the ground that suit of the plaintiffs is hit by the principle of res-judicata, suffers from estoppel and is time barred. This order of rejection of the plaint dated 27-7-2012 was impugned by the respondents-plaintiffs in appeal which was accepted by the learned appellate court vide judgment and decree dated 9-8-2012. This order is now under challenge…

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