Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Appeal---Disposal of appeal pending miscellaneous application---Scope---Appellate Court decided the appeal sans a decision on miscellaneous applications---Court was required to decide miscellaneous application filed by any of the parties either prior to disposal of the lis or along with the same but same should not be left undecided---Appellate Court had failed to exercise the jurisdiction vested in the same by law---Impugned and decree passed by the Appellate Court were set aside and case was remanded for disposal of appeal afresh along with miscellaneous applications within a specified period---Revision was accepted in circumstances. JUDGMENT LAL JAN KHATTAK, J.---This civil revision under section 115, C.P.C. is directed against the judgment and decree dated 20-11-2011 of the learned Additional District Judge/Izafi Zilla Qazi, Malakand at Dargai, whereby appeal of the petitioner, against the judgment and decree dated 14-4-2012 of the learned Civil Judge/Illaqa Qazi-III, Malakand at Dargai, has been dismissed. 2. Brief facts of the case are that the petitioners had filed a suit against the respondents for declaration, permanent injunction and possession of the landed property fully detailed in the heading of plaint. It was the petitioners' case that the suit land was their ancestral property which was given by them to the respondents for its management as they had been at Quetta by then. According to averments of the plaint, on return from Quetta, petitioners demanded the respondents to hand over possession of the suit land but they refused and asserted their rights over it on which the petitioners filed their suit which was contested by the respondents by filing their written statement wherein they denied the petitioners' claim. Parties to the suit led their respective evidence on the case issues whereafter, the learned trial Court dismissed the suit which dismissal was impugned in appeal…

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