Law:

Section:

(a) Civil Procedure Code (V of 1908)---   ----O.XLI, R.22 & S.115---Failure to file cross-objections in appeal---Judgment of Trial Court was against both the parties and none of the parties was able to prove its title---Plaintiffs filed appeal and the same was accepted by the Lower Appellate Court decreeing the suit---Defendant neither filed appeal nor any cross-objection before Lower Appellate Court for asserting his right of ownership in the suit land ---Effect-- Defendant filed the revision petition when the findings of the Lower Appellate Court went against him and the suit was so decreed-- Where the defendant abandoned his right by neither filing any appeal nor by challenging the same by filing cross-objections in the first appeal, defendant could not assert his right of ownership in revision proceedings---Lower Appellate Court had exhaustively discussed the ocular and documentary evidence-- Defendant who was in possession of the suit property was a trespasser/encroacher and was not entitled to resist his dispossession/eviction initiated by the plaintiff---Revision was dismissed accordingly.   Ilamuddin through Legal Heirs v. Syed Sarfraz Hussain through Legal Heirs and 5 others 1999 CLC 312; Government of N.W.F.P. through Chief Secretary and others v. Muhammad Zaman and others 1996 SCMR 1864; Khairati and 4 others v. Aleem -ud-Din and another PLD 1973 SC 295; Hakam Ali v. Fazla 1986 CLC 1183; Muhammad Ibrahim and another v. Group Captain Salehuddin and others 1987 SCMR 218; Allahyar Khan v. Mst. Sardar Bibi 1986 SCMR 1957; Liaquat Khan and others v. Ghulam Muhammad PLD 1987 Pesh. 53; Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Gulstan Textile Mills v. Member, (Consolidation), Board of Revenue/Chief Settlement Commissioner, Punjab, Lahore and 13 others 1997 MLD 449; Supercon Limited v. Eastern Construction Limited and 2 others 1987 CLC 1566; Kasim Kambar and others v. Chanderbhan Wadhumal and another PLD 1962 (W.P.) Kar. 253 and Sardar Muhammad and 4 others v. Municipal Committee, Jehlum City PLD 1970 SC 497 ref.   (b) Civil Procedure Code (V of 1908)---   ----S. 115---Revision---Scope---Jurisdictional…