Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 12(2)

Law: Registration Act, 1908

Section: 17

Civil Procedure Code (V of 1908)-- ----S. 12(2)---Registration Act (XVI of 1908), S. 17---Judgment, setting aside of---Un-registered document---Effect claimed to be owner in possession of suit property on the basis of an unregistered agreement allegedly executed in the year, 1994 sought setting aside of and decree passed in a suit for partition of said house---Trial Court as well as Lower Appellate Court dismissed application under S.12(2), C.P.C. and revision application respectively filed by petitioner---Validity---Superstructure of application under S.12(2), C.P.C. was built upon an unregistered document purportedly executed in year 1994 slept over his alleged rights and made no efforts to get transfer the suit house in his name through any registered instrument or any other legal means---Even after the death of executor of the document in year 1996, the petitioner remained idle and he had not taken any step to enforce his alleged rights, in the year 2015, after a long period of 24 years, agitated his purported rights through application under S.12(2), C.P.C. had tried to get himself declared owner on the basis of application under S.12(2), C.P.C. in a shortcut manner---Rights of petitioner on the basis of purported document were pre-mature and the stale document did not provide petitioner a legal right to file application under S.12(2), C.P.C.---Document dated 28.10.1994 was a compulsorily registerable document and its non-registration rendered the document nullity in the eyes of law---High Court declined to interfere in concurrent orders passed by two Courts below---Constitutional petition was dismissed in circumstances. JUDGMENT AHMAD ALI, JUSTICE:---.--- The petitioner through this writ of certiorari has called in question the vires of Judgment and Order dated 24.10.2019 of the learned Addl. District Judge-V Nowshera, whereby his civil revision filed against order dated 16.03.2019 of the learned Civil Judge-VI Nowshera, was dismissed. 2. Essential facts for the decision of present writ petition are that the respondent No.1 on 24.04.2004 instituted a suit for possession through partition of a house by contending that the same was owned by her father…

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