Case Details

Citation(s)
1965 SLG 4555 = 1965 SLD 4555 = 1965 PLD 58
West Pakistan
  Revision No. 172 of 1963-64, decided on 30th April 1965.  
Presented By: I. U. Khan
Abdul Qadir for P4ptitioners.    

KHABBAR AND OTHERS-Petitioners  

VERSUS

  WADERO ABDUR REHMAN --Respondent

Law: Civil Procedure Code (V of 1908)

Section: 10

  (a) Civil Procedure Code (V of 1908)-------   -----O. 1, r. 10-Parties to case-Only one, of several appellants having failed in appeal before Collector, filing revision before Additional Commissioner, not impleading his co-appellants below but making a mention of them in memorandum of Revision-Such co-appellants, held, could not be impleaded as co-petitioners in Second Revision petition.   (b) Mutation-----   ----(Khairpur Division case)-Rival parties claiming to be entered as khatedars-Party in possession not able to prove in which capacity they were in possession, of land in dispute and further producing no evidence, not preferred over party producing documentary and oral evidence-Concurrent findings of three Revenue Officers below upheld-Request for production of evidence at Second Revision stage declined. ORDER   This is a second revision filed against an order dated the 17th of April 1963, passed by Commissioner, Khairpur, whereby the revision preferred by the petitioner was dismissed.   The facts of the case are that, on 15-9-1961, the Mukhtiarkar of Nara ordered that the name of the respondent be entered as khatedar instead of the petitioners. Aggrieved by these orders, the petitioners filed an appeal before the Deputy Commissioner but it was rejected. They then went in revision to the Commissioner, Khairpur but it was also dismissed. Hence this second revision.   Before the Commissioner, only Khabbar had filed…
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