Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Civil Procedure Code (V of 1908), O. XIV, R. 2---Suit for declaration---Maintainability---Contention of plaintiffs was that opportunity to lead evidence was not provided to them---Suit was dismissed concurrently after framing of preliminary issues---Validity---Property in question vested in the Provincial Government as in the column of ownership the name of Provincial Government had been incorporated as owner---Neither any allotment had been made in favour of plaintiffs nor they had been recorded as owners of the suit property---Plaintiffs had claimed some supposed rights which did not exist---Incomplete suit must not survive---Trial Court framed preliminary legal issue and after hearing both the parties rightly concluded that suit was not competent and maintainable---Suit/proceedings if not competent must be buried at its very inception---Suit was rightly dismissed by the courts below---Revision was dismissed in circumstances. S.M. Shafi Ahmad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal heirs 2002 SCMR 338 rel. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.---Instant revision petition is directed against the judgments and decrees dated 30th June, 2006 and 5th August, 2008 respectively passed by the Civil Judge, Ziarat and Additional District Judge-IV, Quetta, whereby the suit as well as appeal filed by the petitioners were dismissed. 2. Facts relevant for the disposal of instant revision petition are that the petitioners instituted a suit for Declaration and Permanent Injunction, against the respondent in the Court of Civil Judge, Ziarat. It was averred in the plaint that the plaintiffs/petitioners are owners and in possession of the property situated in Mahal Shori, Mouza Sasnik Mana, Tappa Kawas, Tehsil and District, Ziarat. The respondent/defendant intends to construct Delay Action Dam. Though, under the law, the respondent is bound to acquire the land for the purpose of construction of Dam, but without adopting due process of law, the respondent is depriving the petitioners and their tribesmen from their legal and lawful property in question. 3. The suit was contested by the respondent by way of…

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