Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Maintainability of---Locus standi of petitioners---Decrees of two Courts below were in favour of petitioners who prayed that "finding of Appellate Court below on an issue be set aside and that of trial Court be restored"---Petitioners who otherwise actually had not assailed any of decrees of Courts below, could not be said to have been aggrieved thereby---Revision petition filed by petitioners which happened to be a mere superfluity, was dismissed in circumstances. Muhammad Ashraf Bajwa for Petitioners. Ch. Manzoor Hussain Basra for Respondent No.l. Nemo for other Respondents. Date of hearing: 3rd April, 1991. JUDGMENT Herein petitioners were arrayed as some of the defendants in a civil suit filed by Ghulam Muhammad respondent No.l in the Civil Court at Lahore. Suit was contested and it came to be dismissed on 6-12-1987 with a finding adverse to the plaintiff reached under issue No.4 to the effect that since he was not in possession of the land, therefore, he was bound under Section 42 of the Specific Relief Act to have sued for possession of the land which he had not done, therefore, his suit is not proper in its form. Appeal thereagainst filed by the plaintiff was heard by a learned Additional District Judge who set aside the trial Court's finding under issue No.4 with the conclusion that the possession of the land was held by the plaintiff. Consequently, by his judgment dated 24-9-1988, he accepted the appeal to the extent of issue No.4 alone but dismissed it as regards the remaining issues with the consequence that…