Law: Specific Relief Act, 1877

Section: 9,42,39,54

Law: Civil Procedure Code (V of 1908)

Section: 3

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9, 42, 39 ,  54--Civil Procedure Code, (V of 1908), O.XXXII R. 3--Application for appointment as guardian ad-litem--Rejection of application and suit for declaration, possession, cancellation of mutation and permanent injunction was also dismissed--Name of plaintiff clearly mentioned as minor in plaint--Wrong conclusion--Challenge to--In title of plaint plaintiffs clearly mentioned that Plaintiff No. 7 is minor, but trial Court rejected suit--Filing suit without appointment of next friend cannot invalidate proceeding--Both Courts below have come to wrong conclusion and dismissed suit as well as appeal of petitioners, Order XXXII Rule 3, CPC and Order XXII Rule 3, CPC should be read conjointly not in isolation--The minor is one of plaintiffs--There is no allegation that suit filed by other plaintiffs with collusion of defendant which affect interest of minor--Revision petition accepted. [Pp. 37 ,  39] A, B ,  C 199 MLD 1523 and 1986 MLD 682 ref. JUDGMENT The petitioners/plaintiffs assailed order/decree dated 30th October, 2010 and judgments and decrees dated 29th December, 2017 (impugned order/judgment and decrees) passed by Senior Civil Judge, Pishin and District Judge, Pishin (trial and appellate Court), whereby the suit of the petitioners/plaintiffs was dismissed and the appeal filed was also met with the same fate. 2. Precise facts of the case are that the petitioners/plaintiffs filed a suit for declaration, possession, cancellation of Mutation No. 598. agreements dated 7.9.2005, 23.2.2006 and permanent injunction against the respondents/defendants in respect of land and house situated at Haikalzai District Pishin in the Court of Senior Civil Judge, Pishin with the following prayer: a. To declare that the plaintiffs have purchased a land and a house situated at KilliHaikalzai bearing KhewatKhatooni Nos. 83/86 to 127 alongwith total Aab and Arazi from Defendant Nos. 1 and 2 through agreements dated 7.2.2006, and 31.8.2007, 12.7.2006, 14.7.2006 in sale consideration amount of Rs. 200,000/- and in this regard Mutation No. 593 and alsoeffectd in the name of plaintiffs on dated 4.3.2006 and…

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