Law: Civil Procedure Code, 1908

Section: 9 & 12(2), O.I R. 10, O.VI R. 4

PLJ 2026 Civil (Note) 21 [Lahore High Court, Bahawalpur Bench] Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 9 & 12(2), O.I R. 10 & O.VI R. 4--Suit for possession on basis of ownership--Decree--Appeal--Dismissed--Fraud & misrepresentation--Requirement of specific pleadings--Finality of judgment--Concurrent findings--As far as dismissal of petitioner’s application under Order 1 Rule 10, C.P.C. by learned Addl. District Judge is concerned, suffice it to say that petitioners had no concern with suit property/ejectment suit because Respondents No. 1 to 13/plaintiffs had not sought any relief regarding taking possession from petitioners which extinguished their any cause of action, as such Court below rightly dismissed application of petitioners and committed no illegality--Rather such allegation shall specifically be pleaded in detail as required under Order VI Rule 4, C.P.C--But scanning to averments/pleas taken in application as well as to its accompanied documents, same did not qualify standard requirements of aforesaid provisions of law, which was clear non-compliance of above plain provision and this flaw is considered fatal which dismantles very foundation of application--Petition dismissed.                 [Para  4, 5 & 6] A, B & C Judgment Brief facts of the case as contended by the learned counsel for the petitioners are that Haji Muhammad Ramzan, the Respondents No. 1 to 13/plaintiffs filed a suit against Piran Ditta & Abdul Latif, Defendant No. 1 and 2 for possession on the basis of ownership in respect of Khata Nos. 231/229, Khatooni No. 728, Rectangle No. 232/12, Killa No. 15/2 measuring 02-Kanals situated in Mouza Wahi Mochiyan, Tehsil Ahmadpur East. The said Peeran Ditta and Abdul Latif/Defendants No. 1 & 2 filed contesting written statement on the legal and factual grounds. Plaintiff No. 1 passed away and his legal heirs/Respondents No. 1 to 13 were brought on record and Peeran Ditta/Defendant No. 1 died and his legal heirs /Respondents No. 14 to 24 were also brought on record. As per respective divergent…