Law: Civil Procedure Code (V of 1908)

Section: O.VI,XX,R.6

Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Registration Act, 1908

Section: 60

(a) Civil Procedure Code (V of 1908)--- ----O.VI---Pleadings---Evidentiary value---Scope---Pleadings could not be considered as evidence in the suit on behalf of the party when not a single word had been uttered on the subject (by the party). (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 6---Decree---Scope---Decree could not be passed against a person who was not a party in the lis before the Court. (c) Registration Act (XVI of 1908)--- ----S. 60---Registered document---Presumption---Scope---Registered document had some presumptions attached to it under S. 60 of the Registration Act, 1908---Although such presumptions were rebuttable, but for their rebuttal a party must produce evidence on the basis of standard as set forth by the (Supreme) Court. (d) Specific Relief Act, (I of 1877)--- ----S. 42---Suit for declaration---Declaratory decree---Scope---Through a suit filed under S. 42 of the Specific Relief Act, 1877 a declaration could be granted with regard to legal character or the right as to any property; however, no new right could be created in favour of plaintiff by grant of a declaratory decree. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Civil Petition No. 2559-L of 2018 Through this Civil Petition for Leave to Appeal, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave has been sought against the judgment dated 16.11.2018, of the learned Lahore High Court, Lahore, whereby a Civil Revision bearing No.164810 of 2018, filed by the Petitioner, was dismissed. 2. The brief facts of the case are that Plaintiff-Respondent No.1, on 27.08.2013, filed a Suit for Declaration and pleaded therein that he purchased a plot bearing No.250, measuring 10 Marlas, situated at Jinnah Colony No.2, Toba Tek Singh. The Colony was established by the Tehsil Municipal Administration, Toba Tek Singh (for brevity in the later part of judgment it will be referred TMA, TT Singh). Plaintiff is the exclusive owner of the said plot and all dues and instalments have been deposited by him in favour of the TMA, TT Singh. He challenged the General Power of Attorney No.445/4, registered on 18.07.1998, on his behalf in favour of…

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