Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), O. XVII, R. 3--Suit for declaration--Dismissed--Appeal Dismissed--Purchasing of property--Petitioners was to possession--Non producing of Plaintiff evidence--Limitation--Concurrent findings--Challenge to--Petitioner availed 11 opportunities and has not produced evidence, as such, learned trial Court rightly dismissed suit of petitioner/plaintiffs under Order XVII Rule 3 of CPC--Even otherwise, present petitioner / plaintiff filed appeal against & decree passed by learned trial Court after lapse of period of 1 month and 25 days and under Article 152 of Limitation Act, prescribed limitation is 30 days for filing appeal before learned District Judge, as such, appeal was hopelessly time barred and petitioner has not explained any plausible reasons--Concurrent findings of facts are against petitioner which are not called for any interference by this Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction--Learned counsel for petitioner has not pointed out any illegality or irregularity, mis-reading and non-reading of evidence in impugned s & decrees passed by learned Courts below and has also not identified any jurisdictional defect--Civil revision was allowed. 2015 SCMR 1401, 2006 SCMR 631 & 2014 SCMR 146, ref. THIS ORDER PASSED BY: CH. MUHAMMAD IQBAL, JUSTICE---.--- Through this civil revision, the petitioner has challenged the judgment & decree dated 25.03.2015 passed by the learned Civil Judge, Multan whereby the suit for declaration / permanent injunction filed by the; petitioner and another was dismissed by the learned Civil Judge, Multan under Order XVII Rule 3 of CPC; and the judgment & decree dated 04.11.2015 whereby the appeal filed by the petitioner was also dismissed by the learned District Judge, Multan being barred by limitation. 2. Brief facts of the case are that the petitioner and Respondent No. 6 / plaintiffs filed a suit for declaration / permanent injunction against Respondents No. 1 to 5 / defendants in respect of properties falling Khewat Nos. 363 (with black ink), 364 (with red ink),…

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