Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 12(2),115

Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), Ss. 12 (2) 115---Suit for declaration---Audi alteram partem, principle of---Applicability---Judgment and decree, setting aside of---Dismissal of suit---High Court, jurisdiction of---Applicants/plaintiffs were aggrieved of dismissal of their suits by High Court while allowing revision petition against dismissal of application under S.12(2) C.P.C.---Validity---High Court dismissed the suits on findings that respondent lady was legal heir and consent decree could not be passed in her absence---Principle of audi alteram partem, entrenched in due process doctrine, was offended to the extent of applicants / plaintiffs who were not heard while deciding Civil Revision--- Applicants / plaintiffs were deprived of an opportunity to defend against findings of connivance with brothers of respondent lady and their right of decision on merits in appeals, if consent was defective, had not been protected---High Court modified its passed earlier as the Court did not have jurisdiction to dismiss suits after allowing Civil Revisions against consolidated order for dismissal of applications under S.12(2), C.P.C.---High Court remanded the matter to Lower Appellate Court to decide appeal afresh which were deemed to be pending and application under S.12(2) C.P.C. were allowed---Application was allowed accordingly. Mst. Mumtaz Mai v. Sajjad Hussain and others 2017 CLC Note 61, p-70 and Haji Farman Ullah v. Latif-ur-Rehman 2015 SCMR 1708 ref. JUDGMENT SHAHID JAMIL KHAN, J.----This judgment holds, by entertaining plea for want of jurisdiction, that this Court could not dismiss suit, while allowing revision petition against dismissal of application under Section 12(2), C.P.C. This and connected applications, under section 12(2), C.P.C., are against decision dated 24.12.2014 by this Court. The Revision Petitions (Nos. 540 and 541 of 2004) were allowed through the consolidated judgment dated 24.12.2014, reported as Mst. Mumtaz Mai v. Sajjad Hussain and others (2017 CLC Note 61, p.70). A compromise decree, before appellate court, was set aside and the suit by applicants (plaintiffs/appellants) was dismissed. 2.…

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