Law: Criminal Procedure Code, 1898 (V of 1898)--

Section: 302, 324, 427, 201 & 34

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 39, 42--Constitution of Pakistan, 1973, Art. 185(3)--Suit for declaration was filed--Dismissed--Appeal--Accepted--Power of attorney which was challenged through suit, record of registration was got summoned by plaintiff himself and copy thereof was got exhibited as Exh.PW-1/1 by plaintiff himself--Respondent who has not specifically challenged execution and registration of power of attorney in his pleadings--When plaintiff failed to discharge initial onus, no question of shifting of onus upon the defendant or Attorney who has fully supported that he being validly constituted attorney of the plaintiff, sold the plot to Defendant No. 3 who was initially not made party to the suit and was subsequently made party and further Defendant No. 3 sold plot to Defendant No. 1 petitioner before this Court--When registered power of attorney by plaintiff in favour of Defendant No. 2 proved, plaintiff was if at all having right to challenge suit document through filing a suit for cancellation of document u/S. 39 of Specific Relief Act, 1877 and not a suit for declaration filed u/S. 42 of Act. [Pp. 657 & 658] A, B & C Mr. Afnan Karim Kundi, ASC and Syed Rifaqat Hussain Shah, AOR for Petitioner. Mr. Jahanzeb Mahsud, ASC for Respondent No. 1. Mr. Naseer ud Din, ASC via video link from Peshawar on behalf of Respondent Nos. 2-5. Nemo for Respondent No. 6. Date of hearing: 9.5.2024. Order Amin-ud-Din Khan, J.--Through this petition filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 leave has been sought against the judgment dated 25.09.2023 whereby Civil Revision No. 1153-P of 2019 filed by the petitioner was dismissed. 2. A notice was issued to the other side by this Court. We have heard the learned counsel for available contesting parties and gone through the record with their able assistance. 3. A suit was filed by Respondent No. 1 jplaintiff for declaration that he be declared owner of the suit plot fully described in the head-note of the plaint. As per pleadings in the plaint, plaintiff never appointed defendants as his attorney nor he transferred the suit property in their favour through any…

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