Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 152,153,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), Ss. 152, 153 & O. XII, R. 2--Suit for specific performance--Application for correction of record filed by Respondent No. 3--Accepted--Revision petition of petitioner--Dismissed--Objection petition of the respondents against the execution of degree--Dismissed--Delay--Jurisdiction--Maintainability--Limitation cannot be a hurdle in way of dispensation of justice when a wrong has been done by Court, therefore, view taken by both Courts below is in accordance with law--In civil matters jurisdiction conferred upon this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 can be exercised rarely in exceptional circumstances when petitioner is able to show some jurisdictional defect committed by Courts below while passing impugned order but no such defect has been highlighted--Petition was dismissed. JUDGMENT Through this writ petition petitioner who is decree-holder of part of the suit property, on the basis of compromise in a suit for specific performance, has challenged the order passed by the learned trial Court dated 11.12.2009 whereby an application filed by one of the judgment-debtors/Respondent No. 3 under Sections 152 and 153 of the, CPC was accepted whereby it was ordered to the concerned revenue officials to correct the record after deletingKhasra Nos. 648 and 649 and the order of learned revisional Court dated 4.7.2010 has been challenged whereby revision petition filed by the petitioner was dismissed. 2. I have heard learned counsels for the parties at length on 25.9.2017 and 26.9.2017 and gone through the record appended with this writ petition. 3. Learned counsel for the petitioner argues that the judgment and decree dated 08.11.2000 attained finality when no appeal against the said judgment and decree was filed and further the respondent and others filed objection petition against the execution of decree, they also filed an application under Section 12(2) of the, CPC, a review petition, a suit, a complaint under Section 420 of PPC and when all the abovesaid proceedings ended in dismissal,they filed an application under Sections 152 and 153…

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