Law:

Section:

(a) Specific Relief Act (I of 1877) --------- ----------S. 8 --------- Suit for recovery of specific immovable property --------- Locus Standi --------- Scope --------- Plaintiff filed suit without obtaining any succession certificate to show that he was entitled to inherit the suit plot along with other legal heirs of the deceased --------- Plaintiff without disclosing legal heirs of deceased had no right/locus standi to sue defendants in his own right. (b) Specific Relief Act (I of 1877) --------- ----------S. 8 --------- Civil Procedure Code (V of 1908), O.XXI, R.1(3) --------- Suit for recovery of specific immovable property --------- Scope --------- Plaintiff had same cause of action which had accrued to his father even prior to formal purchase of suit plot --------- Cause of action of plaintiff as mentioned in plaint was one and the same that "octroi post was available on suit plot and his father had sought recovery of possession of that portion from Municipal Committee and Municipal Committee had promised to settle the issue, therefore, suit was withdrawn by plaintiff's father" --------- Same cause of action had been shown by plaintiff in capacity of son of earlier plaintiff by saying that octroi post was on suit plot and Municipal Committee had refused to vacate the same --------- Held, that merely because a sale deed was registered subsequently, cause of action could not be said to have accrued subsequently --------- Plaintiff had failed to even disclose the date of withdrawal of said suit --------- Plea of fresh cause of action on ground of registration of sale deed subsequent to filing of earlier suit had lost its value --------- Revision petition was dismissed, accordingly. 1993 CLC 1478 rel. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---------- The applicant through this Civil Revision has challenged the Judgment and decree dated 06.12.2006 and 08.12.2006 in Civil Appeal No. 05 of 1999 filed by respondent No. 1 whereby IInd Additional District Judge, Mirpurkhas has allowed the appeal and set aside the decree passed by 1st Senior Civil Judge Mirpurkhas in F.C. Suit No. 104/1991 filed by the applicant. 2. The facts in nutshell are that the applicant…

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