Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.II, Ss. 47 & 12(2)---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Scope---Plaintiff had sought declaration of title over suit land and challenged attestation of mutation of suit land in favour of the defendants---Suit of plaintiff was dismissed by Trial Court under O. VII, R. 11, C.P.C. and said order of Trial Court was upheld by Appellate Court---Validity---Suit was barred under the law because it was not denied by the parties that the impugned mutation of suit land was attested in an executing decree under order of an Executing Court---Any right of the plaintiff, under threat through said mutation, could be remedied under S. 47, C.P.C. or if said decree of Executing Court was to be challenged, then the plaintiff had the remedy of S.12(2), C.P.C., and should not have filed the suit---Plaintiffs, had an opportunity to look into the certified copies of the judicial record which had not been denied by the plaintiffs and therefore the suit was liable to be rejected under O. VII , R. 11, C.P.C.---Dismissal of suit by courts below was principally correct---Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R 11---Application of O.VII, R.11, C.P.C---Scope---For application of O. VII R. 11, C.P.C. it was not necessary that issues be framed and evidence be recorded. (c) Civil Procedure Code (V of 1908)--- ----S. 11---Application of S.11, C.P.C.----For application of S. 11 C.P.C., it was for the Court to see whether the suit property and cause of action in both the suits were the same and if the former suit had been finally decided by the court of competent jurisdiction, then such second suit would be barred. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the petitioners have challenged the judgment and decree dated 17-11-2008 passed by learned Additional District Judge, Khanpur, District Rahim Yar Khan whereby appeal filed by the petitioners was dismissed and judgment and decree dated 31-1-2007 passed by learned Civil Judge, Khanpur whereby the suit filed by the petitioners was dismissed, was upheld. 2. With the concurrence of learned…

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