Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Case was remanded to the Trial Court whereafter defendant did not appear and suit was decreed---Validity---Defendant's counsel had knowledge of remand of case which stood conveyed to him when defendant allegedly took away case file from his counsel after remand of the case---Counsel would be bound to appear for his client and protect his interest in the proceedings unless court had allowed him to withdraw his power on behalf of his client---Failure of counsel to appear in the court would not absolve him of his duty nor his client from taking responsibility of an adversarial order passed in such circumstances---Defendant's counsel simply submitted application for withdrawal of his power and remained absent---No prejudice had been caused to the defendant if his side was closed leading to a decision against him---Trial Court had resorted to closing side of defendant after his failure to appear in response to service effected upon him through all modes of service---Defendant failed to lead his evidence for ten years which itself was sufficient to debar him from participating further in the proceedings---Trial Court was competent to mould the relief accordingly---Plaintiff had registered lease deeds in his favour---Bank challans could not be given effect over and above the registered lease deeds---Revision was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Applicant is aggrieved by the judgment passed on 30.04.2014 and decree drawn on 06.05.2014 by learned V Additional District Judge Karachi, West in Civil Appeal No. 136/2011 stemming from the judgment and decree dated 28.04.2014 rendered in Civil Suit No. 202/2002 filed by the respondent against the applicant. 2. Succinctly facts leading to this revision application are that the respondent Mumtaz Bano filed a suit for declaration and permanent injunction against the applicant in the court of IInd Sr. Civil Judge Karachi West; declaration to the effect that she was owner of plots bearing Nos.107 and 107/A, Jam Nagar, Baldia Town, Karachi and permanent injunction for…

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