Law: Civil Procedure Code (V of 1908)

Section: O.XLVII

Law: Specific Relief Act, 1877

Section: 8,42,54

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O. XLVII---Constitution of Pakistan, Art. 199---Specific Relief Act (I of 1877), Ss. 42, 8 & 54---Review---Conversion of constitutional petition into review petition---Suit for declaration, possession and permanent injunction---Scope---Petitioner, through her attorney/son, filed suit for declaration, possession and permanent injunction claiming exclusive ownership---Trial Court and Appellate Court concurrently decreed the suit---High Court, in its revisional jurisdiction, dismissed the suit on the basis that special power of attorney conferred power on attorney only in respect of another suit and no power in respect of any other litigation and institution of any proceedings was conferred---Petitioner filed constitutional petition against said order---Contentions of petitioner was that even though constitutional petition was not maintainable, Court could treat the same as a review petition and that the impugned order was passed without considering the general power of attorney available on record---Validity---Held, court had by reproducing the contents of the special power of attorney held that no power whatsoever was conferred in respect of any other litigation and institution of any proceedings---High Court declined to convert the constitutional petition into review petition---Constitutional petition was dismissed. Capital Development Authority, Islamabad through its Chairman v. Khuda Bukhsh and 5 others 1994 SCMR 771 and Mst. Arfa Arif v. Mst. Kulsoom Naqvi PLD 2000 Kar. 31 ref. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, JUSTICE:---.--- The petitioner/plaintiff, through her attorney/son Imam Bakhsh, filed a civil suit bearing No. 25 of 1991 before the Court of Senior Civil Judge, Shikarpur against the respondents/defendants for declaration, possession and permanent injunction, claiming to be the exclusive owner of land bearing Survey Nos, 53, 54, 110, 114 and 115, admeasuring 20-8 acres, situated in Deh and Taluka Garhi Yaseen, Distract Shikarpur ("the Suit Land"), being inherited from her deceased father, which was also mutated in the record of rights in her favour. It was also alleged that since the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492