Law:

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SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment dated 12-3-1991 of the Peshawar High Court whereby the revision petition preferred by the appellant was dismissed.

1. The appellant is the wife of Muqaddar Khan, respondent No.3. On 24 - 9-1974 Muqaddar Khan obtained a consent decree against one Muneeb Khan in respect of land measuring 109 kanals and 9 marlas, situate in village Barbat of Tehsil Peshawar. Later, he was involved in some criminal case. To avoid prosecution he absconded. On 14-1-1982 Nasrullah Khan, respondent No.2, acting as next friend of Muneeb Khan, filed an application under section 12(2), Civil Procedure Code, for setting aside the consent decree on the ground that at the relevant time Muneeb Khan was of unsound mind and the said decree had been obtained by Muqaddar Khan through misrepresentation and fraud. On 29-5-1982 while this application was still pending the appellant moved the trial Court for being impleaded as a party to the proceedings. She stated that by a deed dated 1-9-1977 Muqaddar Khan had given the disputed property together with some more land to her by way of dower. The learned trial Court dismissed the application. The appellant filed an appeal before the District Judge, Peshawar. The learned District Judge accepted the appeal and remanded the matter back to the trial Court for a fresh decision after recording evidence. In pursuance of the order of remand the trial Court recorded the evidence of the parties. In support of her claim that the land in dispute formed part of her dower she produced an unregistered document and two witnesses. One was her attorney; he was an attesting witness. The other was the scribe of the document. The learned trial Court held that the evidence produced before him was entirely insufficient to support her claim to the ownership of the land in dispute. Accordingly, he dismissed the application. The appellant filed an appeal before the District Judge. After re-appraising the evidence the learned District Judge affirmed the findings of the trial Court and dismissed the appeal. The appellant then filed a revision petition in the High Court. The High Court once again considered the evidence and then re affirmed the findings of the learned District Judge and the trial Court. The appellant has now come in appeal to this Court.