Law: Civil Procedure Code (V of 1908)

Section: 12(2),151,9,13,17,19,20,1(d)

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 3

(a) Civil Procedure Code (V of 1908)--- ----Ss. 12(2), 151, O. IX, Rr. 9, 13, O. X, Rr. 17, 19, 20, O. XLIII, R. 1(d)---Constitution of Pakistan, Art. 10A---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), S. 3---Constitutional petition---Suit for declaration by ancestors of the petitioners was decreed by Civil Court ex-parte against respondent and implemented in the revenue record by attestation of mutations and further partly transferred the land in the name of subsequent purchasers---Respondent filed civil suit against the petitioners after 25 years of the said decree/mutation challenging the said ex-parte decree/mutation; claimed ownership of the said land, which suit was dismissed for non-deposit of process fee by respondent for service of petitioners---Respondent filed application for setting aside ex-parte decree on the ground of lack of knowledge, non-service of summons, violation of O. X of Civil Procedure Code, 1908, which application was dismissed by Civil Court---Respondent filed a revision petition which was accepted by District Court setting aside the ex-parte decree of 1987 on 21.02.2019---Petitioners contended that order was appealable but respondent did not file appeal knowingly as it was time barred and filed revision petition which was not maintainable; that necessary parties were not joined in the application under O. IX, R. 13 of Civil Procedure Code, 1908, although they were made party in the civil suit filed by respondent; that application was filed after 25 years of passing the decree without mentioning any justification---Held, that relevant documents i.e. copy of proceedings of the Court/order sheet with present petition were based on the basic proceedings of the trial Court but the petitioners had not annexed the relevant documents---Such documents were necessary to be examined to see the nature of the original suit, how it proceeded and specially to see the point of limitation---Even if the respondent was proceeded against ex-parte the Court was bound to see about the maintainability of the suit and that whether the claim of the plaintiff was proved---Petitioners were claiming that they had the possession of the…

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