Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.10

Civil Procedure Code (V of 1908) --------- ----------O. XX, R. 10 --------- Suit for recovery of movable property --------- Appellate Court had not adverted to the admission of plaintiff whereby sale of articles by her husband had been admitted --------- Said admission on the part of plaintiff had significance --------- Neither plaintiff was subjected to re-examination with regard to such admission nor she had challenged the same at any forum --------- No justification existed for modification of and decree passed by the Trial Court and holding the plaintiff entitled to the price of articles --------- Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored --------- Suit of plaintiff was dismissed --------- Revision was accepted in circumstances. PLD 1993 Pesh. 81; 2001 CLC 527 and 1993 CLC 1248 rel.THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- This revision petition shall also dispose of revision petition No. 360/2011, as both revision petitions arise out of the same impugned orders dated 30.10.2010 of Civil Judge, Haripur and that of the learned Additional District Judge-II, Haripur dated 18.05.2011. 2. Mst. Shabana Bibi and other legal heirs of Chanzeb lodged suit for declaration with prayer for possession and recovery in the Court of Civil Judge, Haripur, whereby ownership of Suzuki No. MA-6077 and articles lying in the shop known as 'Awan Electric Sanitary and Gas Appliances' TIP Barrier Chowk Noor Colony, Haripur through deceased Chanzeb was claimed. The suit was resisted by Aurangzeb, Javed Akhtar and Changez Khan, brothers of deceased Chanzeb, who took the plea that deceased Chanzeb had already disposed of articles in the shop and the Suzuki in question through sale in his lifetime. 3. After recording evidence of the parties and hearing the learned counsel, the learned Civil Judge, Haripur dismissed suit of the plaintiffs, Mst. Shabana Bibi etc vide his order dated 30.10.2010. Aggrieved of the said order, the plaintiffs preferred appeal, which was partially accepted and and decree was modified to the extent that the plaintiffs were held entitled to the price of the articles lying in the…

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