Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act, 1877 (I of 1877)-- ---S. 42--Suit for declaration--Application for comprision of thumb-impression by petitioners--Dismissed--Appeal--Application for comperision of thumb-impression during pendency of appeal--Dismissed--Challenge to--Both parties in order to get decision of their case mutually made a request to learned appellate Court that he may compare thumb-impressions himself, in view of which application was disposed of, however, while deciding suit, needful was not done, which is reflected from and decree passed by learned trial Court--Impugned order is without reasons, therefore, same cannot sustain, as a sequel to which, this civil revision is accepted and impugned order is set-aside--Application filed by petitioners for comparison of disputed thumb-impressions shall be deemed to be pending before learned appellate Court, who shall re-decide same keeping in view above factual matrix and law on subject--Revision petition was accepted. THIS JUDGMENT DELIVERED BY: FAISAL ZAMAN KHAN, JUSTICE---.--- Through this civil revision, order dated 03.02.2016 passed by the learned Additional District Judge, Bhakkar has been assailed, by virtue of which an application for comparison of the disputed thumb-impressions filed by the petitioners has been dismissed. 2. The facts giving rise to the present civil revision are that in order to assail Mutation No. 2345 dated 05.10.2002, a suit for declaration with consequential relief was filed by the petitioners against the Respondents. During the course of the suit, an application was filed by the petitioners for referring the disputed mutation to the expert for comparison of the thumb-impressions, however, the said application was disposed of by the learned trial Court vide order dated 02.09.2014 with the observation that at the time of final arguments, he will compare the thumb-impressions himself however, the said suit was dismissed vide and decree dated 02.10.2014 however no endeavor qua comparison was made. Feeling aggrieved, petitioners preferred an appeal and during the course of appeal, an application for comparison of the thumb-impressions was moved by the petitioners which was dismissed through…

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