Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, R. 6---Specific Relief Act (I of 1877), Ss. 8, 42 & 54---Non-appearance of defendant---Effect---Suit for declaration, possession and permanent injunction---Defendant failed to appear and was proceeded ex parte---Trial Court after recording evidence of plaintiff only dismissed the suit---Plaintiff contended that since the defendant did not appear to defend the suit before the Trial Court, therefore, the suit should have been decreed under O. IX, R. 6, C.P.C., and even otherwise, the plaintiff had succeeded in proving its case---Validity---Merely because the defendant did not appear to defend suit, the plaintiff's suit could not have been decreed in the facts and circumstances of the case---On the basis of the evidence or rather the lack thereof, the Trial Court concluded that the plaintiffs had failed to prove their case of being real owners of the property in dispute and thus dismissed the suit---Such finding of fact was affirmed in appeal by the first Appellate Court and the High Court through detailed reasoning had maintained the s of the courts below---Petition for leave to appeal was dismissed accordingly. THIS JUDGMENT PASSED BY: SH. AZMAT SAEED, JUSTICE:---.--- This Civil Petition for Leave to Appeal is directed against the dated 14.01.2013 of the learned Lahore High Court, Lahore, whereby Civil Revision No.703 of 2009, filed by the present Petitioners was dismissed. 2. The brief facts necessary for adjudication of the lis at hand are that the predecessor-in-interest of the present Petitioners purchased the property in dispute from one Ilam Din. The predecessor-in-interest of the Respondents filed a Suit for pre-emption qua the aforesaid sale, which was decreed. 3. In the above backdrop, the Petitioners filed a Suit for declaration, possession and permanent injunction that they were owners in possession of the property in dispute and the Suit filed by the predecessor-in-interest of the Respondents was collusive with the Petitioners in order to defeat the pre-emption rights of a third party and it was understood that the Petitioners would be the real owners of the property in dispute and the predecessor-…

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