Law: Civil Procedure Code (V of 1908)

Section: 100,115

Civil Procedure Code (V of 1908)--- ----Ss.100 115---Second appeal---Maintainability---Conversion of proceedings---Scope---Applicants, through revision application under S.115, C.P.C., assailed concurrent findings of fact whereby suit of respondents for cancellation of registered sale deed was decreed---Remedy of a revision application before the High Court under S.115, C.P.C., was not available where second appeal under S.100, C.P.C., was available---Applicants ought to have filed a second appeal under S.100, C.P.C., instead of a revision application under S.115, C.P.C.---High Court observed that since second appeal was not time-barred when the revision application was filed, since High Court had been given the power to convert one proceeding into another High Court converted revision application into a second appeal and permitted the appellants to file an amended memo of appeal---Subject to compliance of office objections and the filing of amended memo. of appeal, notice was issued to the respondents on the main case. Abdul Rashid v. Bashiran 1996 SCMR 808; Atiq-ur-Rehman v. Muhammad Amin PLD 2006 SC 309; Muhammad Akhtar v. Mst. Manna 2001 SCMR 1700; Mir Daud Khan v. Mahrullah PLD 2001 SC 67; Alamdar Hussain v. Nazir Hussain 2004 SCMR 595 and Bashir Ahmed v. Taja Begum PLD 2010 SC 906 ref. Municipal Committee Bahawalpur v. Aziz Elahi PLD 1979 SC 506; Sheikh Faqir Muhammad v. Muhammad Din 1993 SCMR 1955 and Muhammad Akram v. DCO Rahim Yar Khan 2017 SCMR 56 rel. ORDER ADNAN IQBAL CHAUDHRY, J.--- This revision application under section 115, C.P.C. is against concurrent findings of fact whereby suit filed by the Respondents Nos.1 to 5 for cancellation of the registered sale deed of the Applicants, was decreed. Learned counsel for the Applicants was queried why a second appeal under section 100, C.P.C. was not preferred when the same was not hit by section 102, C.P.C. Apparently, after section 102, C.P.C. was amended in the year 2004, the Provincial Government of Sindh has not fixed a value for cases in which a second appeal would be barred. That much was also stated by the learned AAG Sindh in another revision before this Court. Learned counsel responded by…

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