Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code, 1908 (V of 1908)-- ----S. 96--Specific Relief Act, (I of 1877), Ss. 12--Suit for specific performance--Dismissed for non prosecution--Non-filing of application for setting aside of order--Order was attained finality--Filing of second suit by respondent for declaration--Contradictory stance--Concealments of facts--Non-producing of acknowledgment of oral gift-deed--Non-filing of written statement by respondent--Maintainability of suits--Relevancy of law regarding estoppel--Non-mentioning of exact date of possession by respondent--Entitlment for recovery of mense profit--Direction to--Dispute had not been resolved, neither appellant/ Mrs.Zeenia Satti admitted his title or possession to be lawful owner of suit property--only course open for respondent/plaintiff was to file an application for setting aside order dated 02.12.2015, but he did not do so--order dated 02.12.2015 attained finality and respondent was estopped to file a second suit regarding same subject matter, same cause of action and between same parties took this stance for first time in third Civil Suit No. 270/2017, which was entirely a contradictory stance as taken by him in first and second Suit No. 614-A/2015 and Civil Suit No. 270/2016, after four years and three months from execution of alleged acknowledgment dated 21.05.2013 did not file copy of acknowledgment deed dated 21.05.2013, as required under Order VII Rule 14 C.P.C nor filed any statement as required under Order VII Rule 15 C.P.C with first and second suits--From perusal of record it appears that after filing of first and second suits, he changed his stance and during pendency of second civil Suit No. 270/2016 filed third civil Suit No. 221/ 2017 on 28.10.2017 for declaration, mandatory and permanent injunction with prayer as mentioned in para No. 03 above entirely on a different ground of gift only in order to strengthen his case, therefore, third suit is in contradiction with his stance as taken by him in first two suits--It was mandatory for respondent/ plaintiff (Abdul Karim Khan Niazi) to file a certificate regarding pendency of Civil Suit No. 270/2016, but he did not do so--It shows that respondent…

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