Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Specific Relief Act, (I of 1877), S. 42--Suit for declaration--Decreed--Appeal--Dismissed--Application moved u/S. 12(2)--Accepted--Agreement to sell on basis of power of attorney--Consolidation of suit with proceedings of Application--Cancellation of mutation--Locus standi--Validity--Case of plaintiff as pleaded was that Defendant No. 4 being attorney of Defendants No. 5 to 11 entered into an agreement to sell of suit property and got Mutation No. 3979 entered and same was sanctioned on 27.06.1991 and thereafter defendants with connivance of Patwari Halqa got removed sanctioned mutation and it was shown in record that mutation has been cancelled--Not a single point has been proved by plaintiff qua cancellation of mutation or otherwise through evidence--Alleged power-of-attorney on behalf of Defendants No. 5 to 11 in favour of Defendant No. 4 is not on record--Defendant No. 4 has denied from any such power of attorney in his favour--There is no evidence on record that Mutation No. 3979 was ever attested--PW-2 Patwari Halqa has been produced, who has categorically stated in examination in chief that Mutation No. 3979 was not attested on 27.06.1991 statement is binding upon plaintiff, as he himself produced Patwari Halqa--As I have noted supra plaintiff failed to prove case pleaded by him and findings recorded otherwise by Courts below are absolutely against law, therefore, are not sustainable--Plaintiff failed to establish attestation of Mutation No. 3979 as claimed by him, then he had no right to challenge decree dated 15.12.1993 passed with consent of parties to suit under challenge through application under Section 12(2) of CPC and attestation of mutation on basis of that decree, therefore, he was having no locus standi to file application u/S. 12(2) of CPC--Result would be application filed u/S. 12(2) of as well as suit for declaration filed by Plaintiff/Respondent No. 1 stand dismissed with no order as to cost--Petition was allowed. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE---.--- Through this civil revision the petitioners have challenged the judgment and decree dated 04.07.2003 passed by…

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