Case Details

Citation(s)
2018 SLG 762 2018 SLD 762 2018 MLD 757
Lahore High Court
Civil Revision No. 630 of 2014, hearing Date : 12-10-2017.
CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Ch. Abdul Majeed for Petitioners. Asif Iqbal Khan Shahani for
Respondents.

MUHAMMAD YOUSAF AND 5 OTHERS

VS

MUHAMMAD SIDDIQUE AND 9 OTHERS

Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Suit for declaration and injunction---Concurrent findings of facts by two Courts below---Fraud, limitation against---Ex-parte evidence---Plaintiffs assailed mutation of oral sale in favour of defendants on the plea of collusiveness and fraud etc.---Suit was decreed in favour of plaintiffs and appeal was dismissed by Lower Appellate Court---Plea raised by defendants was that during ex-parte evidence Trial Court did not allow defendants to cross examine witnesses and the suit was barred by limitation---Validity---Defendants despite having been proceeded against ex-parte could join proceedings and cross-examine witnesses of their adversary if they desired so---Prosecution witnesses were recorded in presence of counsel of defendants and they were not subjected to cross examination, who had relinquished such right and thereafter Trial Court was perfect in declining them to cross examine those witnesses---Power of attorney was procured through impersonation on identification of uncle of the agent---When it was proved beyond any shadow of doubt that power of attorney was outcome of fraud, such document could not be perpetuated and could be assailed at any point of time---High Court in exercise of revisional jurisdiction declined to interfere in s and decrees passed by two Courts below as defendants failed to point out any irregularity or illegality as well as misreading and non-reading of evidence---Revision was dismissed in circumstances. Ch. ZuIfiqar Ali v. Mian Akhtar Islam and Mian Bashir Ahmad PLD 1967 SC 418; Baqa Muhammad v. Muhammad Nawaz and others PLD 1985 Lah. 476; Lal Khan and others v. Khizar Hayat and others 1994 SCMR 351; Abdul Rahim and another v. Mrs. Jannatay Bibi and 13 others 2000 SCMR 346; Khair Din v. Mst. Salaman and others PLD 2002 SC 677; Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494; Mst. Bandi v. Province of the Punjab and others 2005 SCMR 1368; Muhammad Taj v. Arshad Mehmood and 3 others 2009 SCMR 114 and Mst. Naila Kausar and another v. Sardar Muhammad Bakhsh and another 2016 SCMR 1781 rel. (b) Registration Act (XVI of 1908)--- ----Ss. 17 & 60---Registered…
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