Law: Code of Civil Procedure of 1882

Section: O.VII,R.11&O.XX,R.5

Civil Procedure Code (V of 1908) --------- ----------O. VII, R. 11 & O. XX, R. 5 --------- Suit for declaration --------- Plaint, rejection of --------- Cause of action --------- Scope --------- Plaintiff filed suit for declaration wherein she challenged power of attorney, gift deed and sale mutation but plaint was rejected for want of cause of action --------- Validity --------- Donees were not in possession on the suit land --------- Fact of limitation from the date of knowledge coupled with the fact of possession over the suit property were issues of facts --------- Impugned was against the spirit of O. XX, R. 5, C.P.C. --------- Issues framed by the Trial Court were subject to evidence --------- Present suit should have been decided on merits --------- Trial Court was bound to resolve the controversy after recording evidence of the parties --------- Impugned s and decrees passed by both the courts below were set aside and case was remanded to the Trial Court for decision afresh. Noor Hussain v. Mohammad Nazim and others 1999 CLC 1146 rel. THIS JUDGMENT DELIVERED BY: SARDAR ABDUL HAMEED KHAN, JUSTICE:---------- The above titled 2nd appeal has been directed against the judgment and decree passed by the District Judge Bagh dated 29.04.2010, whereby, the judgment and decree passed by Civil Judge, Bagh dated 30.08.2008 has been maintained and appeal filed by the appellants has been dismissed. 2. Precise facts necessary for disposal of the instant 2nd appeal are that Mst. Shamim Akhtar, appellants, herein, filed a suit for declaration and cancellation of power of attorney dated 21.01.1996 and gift deed executed through this impugned instrument along with its mutation against the respondents before the Court of Civil Judge, Bagh on 08.02.2007. It was averred that Manshad son of Yousaf husband of plaintiff/appellant No. 1 herein and father of other plaintiffs/appellants. It was stated that the father of plaintiffs never executed any gift deed and power of attorney and prayed for cancellation of the same along with mutation in favour of defendants Muhammad Rehman and Sarfraz sons of Muhammad Ashraf defendant No. 1. It was further averred that the power of…

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