Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R. 11---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property---Revision---Competency---Phrase "no appeal lies" in S.115, C.P.C."---Scope---Plaint was rejected by Trial Court but Appellate Court converted the suit for declaration and permanent injunction into a suit for recovery of possession---Validity---Law had specifically barred an appeal against the dismissal of suit under S.9 of Specific Relief Act, 1877---Revision against the impugned appellate order was not maintainable as appeal had been barred by law---Revisional Court could not find any jurisdictional defect in the order passed by the appellate court when appeal was barred by law---Revision would lie when no appeal lay---Phrase "no appeal lies" in S.115, C. P. C could not be equated with the phrase "no appeal shall lie" used in S.9 of Specific Relief Act, 1877---Right and entitlement of the parties could not be determined in the suit under S.9 of Specific Relief Act, 1877---Lawful claimant could file a civil suit for his title and recovery of possession thereof---Revision was dismissed in circumstances. Late Mst. Majeedan through LRs and another v. Late Muhammad Naseem through LRs and another 2001 SCMR 345 rel. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- This revision is directed against the concurrent findings. The first finding against the applicant was dismissal of his Suit No. 1332/1986 by trial Court on 25.7.1990 and second finding was dismissal of his Civil Appeal No. 54/1990 by the appellate court on 19.2.2009. 2. Briefly stated the applicant has filed suit for declaration and injunction in respect of property bearing No. D-121 situated at Hanifabad Sector 10, Orangi Town, Karachi without title documents. The Respondents contested the suit and on their application under Order VII, Rule 11, C.P.C. the plaint was rejected by order dated 24.9.1986. The applicant preferred appeal against rejection of plaint and the appellate Court in Civil Appeal No. 12/1987 converted the suit for declaration and injunction into a suit for recovery of possession under Section 9 of the Specific Relief Act, 1877 (SRA,…

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