Law: Code of Criminal Procedure (CrPC), 1898

Section: 476

Law: Code of Civil Procedure (CPC) , 1908

Section: VII(11)

Law: Contract Act, 1872

Section: 215

Law: Qanun-e-Shahadat Order, 1984

Section: 30

Law: Balochistan Land Revenue Act, 1967

Section: 163,164

ORDER

THE facts, as gleaned out from the instant petition, are that the petitioners filed suit seeking cancellation of Sale Deed bearing Document No.3814, Bahi No.1, Jild No.3814, registered with Sub-Registrar, Model Town, Lahore on 03.08.2001 and permanent injunction against the respondents inter-alia with the averments that their late father, namely, Raza Muhammad appointed respondent No.1 as his General Power of Attorney through document bearing No.2157, Book No.4, Volume No.1124, dated 08.06.2001 qua property measuring 25 marlas situated in Macca Colony, Guru Mangat, Lahore Cantt. (hereinafter to be referred as suit property) but subsequently
 

revoked the said Power of Attorney through document bearing No.2809, Book No.4, Volume No.1131, registered with the Sub-Registrar, Model Town, Lahore on 31.07.2001; that respondent No.1, despite revocation of General Power of Attorney executed in his favour, fraudulently transferred the land, owned by late father of the petitioners, in favour of respondent No.2 vide Sale Deed bearing No.8010, Book No.1, Volume No.3814, dated 03.08.2001; that after death of their father on 01.02.2014, the petitioners contacted Patwari Halqa in the year 2019 whereupon they came to know about the fraud played by respondents with father of the petitioners and ultimately they prayed for decreeing the suit and cancellation of the sale deed executed in favour of respondent No.2.
Upon service of notice, respondents entered appearance and filed their Written Statement inter-alia taking objections that the petitioners had no locus standi to file the suit; that since the transaction was executed on the basis of validly executed General Power of Attorney, the same was immune from challenge before the court; that before revocation of General Power of Attorney, the sale deed, subject matter of the suit, was executed and since the plaint of the suit for permanent injunction, filed by the father of the petitioners, was rejected by