Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and permanent injunction---Rejection of plaint---Mother of the parties gifted away her property through registered gift-deed to one of her sons and daughters---Plaintiff, another son of the donor, filed suit for declaration and permanent injunction challenging said gifts---Defendants filed an application under O.VII, R.11, C.P.C. on the ground that doner/mother of the parties being alive, suit filed by the plaintiff was not maintainable during her life time---Trial Court accepted said application, but Appellate Court through impugned order set aside order of the Trial Court and remanded the case to the Trial Court with the direction to decide the case afresh after framing of issues and recording of evidence of the parties---Validity---Plaintiff had no right/locus standi in the estate of his mother/donor, at the time of filing of the suit during her life on the ground of undue influence and could not challenge gift deeds made by his mother in favour of the defendants---Trial Court had rightly rejected the plaint through a well reasoned order, which had illegally been set at naught by the Appellate Court through impugned ---Appellate Court, was not justified in remanding the case to the Trial Court. Muhammad Arshad and another v. Ltd. Col. S. Mazhar Hussain Shah and another 1979 CLC 699 rel. THIS ORDER PASSED BY: ABDUL WAHEED KHAN, J.--- Mst.Naazran Begum gifted 8-marlas property through registered gift deed dated 10-9-1999 in favour of her son Muhammad Akram petitioner and also 1-Marla property in favour of her daughter defendant No.3 Mst.Sakina Bibi, through a Mutation No.23248 dated 20-9-1999. Respondent No.1/plaintiff Muhammad Aslam filed a suit for declaration and permanent injunction challenging the said gifts. The suit was contested by the defendants by filing the written statement. They also filed an application under Order VII Rule 11, C.P.C. on the ground that the defendants Mst.Naazran Begum was owner of the property and she was alive, therefore, the suit was not maintainable during her life time. The application was accepted by…

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