Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Suit for cancellation of document, declaration and injunction---Civil and criminal proceedings---Standard of proof---Distinction---Plaintiff claimed that plot in question was part of public way and was created by manipulation, illegally and fraudulently---Suit filed by plaintiff was concurrently decreed by Trial Court as well as Lower Appellate Court---Plea raised by defendant was that criminal case regarding plot in question was registered against him wherein he had been acquitted---Validity---Standard of proof in civil and criminal cases was quite different---For a civil suit, court had to see only probability of truth whereas in criminal proceedings, prosecution had to prove alleged offence "beyond reasonable doubt" and if there was any doubt, accused was entitled to its benefit not as matter of grace or concession but as of right---No gross illegality, irregularity or infirmity was depicted in delivered by Trial Court as Municipal Corporation while ignoring original status of land as part of a street / road, allotted the same to defendant, which could be called in question at any time---High Court in exercise of revisional jurisdiction declined to interfere in passed by Trial Court and appeal was rightly dismissed by Lower Appellate Court---Revision was dismissed in circumstances. Seema Fareed and others v. The State and another 2008 SCMR 839 and Tariq Pervaiz v. The State 1995 SCMR 1345 ref. (b) Void order--- ----Limitation---Scope---No limitation runs against void order and there may not be any limitation at all to challenge an illegal order. Muhammad Shafi v. Mushtaque Ahmed through Legal Heirs and others 1996 SCMR 856; Begum Syeda Azra Masood v. Begum Noshaba Moeen and others 2007 SCMR 914 and Evacuee Trust Property Board and others v. Mst. Sakina Bibi and others 2007 SCMR 262 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- Being aggrieved and dissatisfied with the judgment and decree passed in Civil Appeal No.190 of 2003 on 22-4-2009 by Additional District and Sessions Judge, Karachi-South, dismissing the appeal filed against the judgment 21-3-2003 and decree…

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