Law: Specific Relief Act, 1877

Section: 39

Law: Code of Civil Procedure of 1882

Section: O.XLI,R.27

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XV,R.8

(a) Specific Relief Act (I of 1877) --------- ----------S.39 --------- Suit for cancellation of consent decree --------- Shamilat deh land --------- Declaratory decree for ownership with regard to Shamilat deh land could not be passed by a civil court --------- Defendants were in illegal possession of suit land --------- Consent decree was passed which was collusive one --------- Plaintiffs were owners in the village since long --------- Decree for possession had correctly been passed by the courts below --------- Owner in the village would be a sharer in the whole Shamilat deh land --------- Decree for specific possession against a stranger could be passed on the suit by an owner in the village --------- Defendants had failed to prove that they were owners in the village and were holding possession of Shamilat deh land on the basis of their respective share --------- No illegality had been pointed out in the and decree passed by the High Court --------- Appeal was dismissed in circumstances. Abdul Shakoor v. Muhammad Rafique and 8 others 2013 SCR 771 distinguished. Khalid Hussain and 3 others v. Haji Muhammad Rafique and another 2008 CLC 1737 and Elahi Bakhsh v. Budha and another 1968 SCMR 328 rel. (b) Azad Jammu and Kashmir Supreme Court Rules, 1978 --------- ----------O. XV, R. 8 --------- Petition for leave to appeal against dead person --------- Application for substitution of legal representatives --------- Limitation --------- Condonation of delay --------- Sufficient cause --------- Scope --------- Respondent died during pendency of appeal in the High Court --------- Petition for leave to appeal was filed in the Supreme Court against dead person --------- Application for impleading representatives of respondent might be filed within a period of 90 days --------- Court had power to extend the time if sufficient cause was shown by the party --------- Application for impleadment of legal representatives of dead person had been filed beyond the period of limitation --------- No case for extension of time was made out by the applicants --------- Suit or appeal against a dead person was not maintainable --------- Application for impleadment of legal…

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