Law: Specific Relief Act (I of 1877)

Section: 54

Specific Relief Act (I of 1877)-- ----S. 54---Suit for perpetual injunction against strangers---Plaintiffs impleaded their three brothers who were co-sharers in suit land ass pro forma-defendants contending that they were not available---During pendency of suit out of three, two brothers who were made pro forma-defendants, were impleaded in the line of plaintiffs with the order of Court on prayer of plaintiff and third brother who was made pro forma-defendant was stated to have died---Suit was resisted on ground that legal heirs of deceased brother having not been brought on record within prescribed period of limitation the suit had abated in toto-- Held, in suit for perpetual injunction, even one co-sharer was legally competent to ask for decree of perpetual injunction against defendant-- presence or absence of one of deceased brothers who was made pro forma defendant or his legal representatives had not any material bearing on suit filed by plaintiff---Death of one of brothers of defendant would not cause any abatement in suit either partially or in toto. Sardar Muhammad Arif Khan Abbasi for Appellant. Raja Muhammad Yunus Tahir for Respondents. ORDER The supra-titled appeal has been filed against the judgment and decree passed on 16th July, 1994, by District Bagh, whereby while dismissing the first appeal of the appellants, he maintained the findings recorded by the learned Sub-Judge, Dhirkot on 24th August, 1993. The facts forming background of the present controversy may briefly be stated as under. The answering respondents brought a suit for declaration with perpetual injunction in respect of suit land comprising Survey number 15, measuring 11 Kanals and 10 Marlas situate in village Chapriyan, Tehsil Dhirkot, District Bagh, Azad Kashmir in the Court of Sub-Judge, Dhirkot on 31st August, 1986. The plaintiff's had impleaded, as pro forma-defendants, their three brothers, namely, Muhammad Adam Khan, Mir Afzal Khan and Muhammad Nazir Khan. It was mentioned in the first para. of the suit that the above named defendants were not available as such have been impleaded as pro forma-defendants. During the pendency of the suit, out of pro forma defendants, Mir…