Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXVII, R. 3 & S. 115---Dismissal of suit for non-production of evidence--­Revisional jurisdiction, exercise of---Suit was dismissed under OXVII, R. 3, C.P C. by Trial Court---Order of dismissal was set aside in appeal and case was remanded ---Appellate order was challenged in revision---Appellate Court below after carefully examining facts of case and applying law correctly, set aside and decree passed by Trial Court and remanded case to it for a fresh decision in accordance with law on merits after recording evidence--­Order of Appellate Court, could not be interfered with in revisional jurisdiction of High Court. Ali Muhammad v. Dawood and 2 others 1986 CLC 658 ref. JUDGMENT Mst. Jammati, respondent No.1. herein, had filed -w suit, being Suit No.521/1989, in the Court of IIIrd Senior Civil Judge, Karachi (West) impleading the two applicants and respondents 2 and 3 herein as the defendants. She had filed the suit for declaration and permanent injunction claiming inheritance of certain properties from her maternal-grandfather, Kaloo. The two applicants herein filed their written statements denying the averments made in the plaint and also raised certain legal pleas. The applicant in addition to filing their written statement filed an application under Order 7, Rule 11, C.P.C. for rejection of the plaint on the ground of legal pleas raised by them through their written statements. This application was dismissed by the trial Court on 16-10-1989. The applicants then filed a Revision Petition against the rejection of their application under Order 7, Rule 11, C.P.C. in the Court of District Judge, Karachi (West). Their revision application was ultimately decided by the IInd Additional District Judge, Karachi (West), wherein by consent of parties he passed an order on 9th April, 1990, directing the trial Court to dispose of the suit within a period of 4 months. The respondent No.1 and three others had earlier filed another suit being Civil Suit No. 1359/1988 in the Court of Ist Senior Civil Judge, Karachi impleading both the applicants and respondents Nos.2 and 3 as defendants in that suit. The suit was filed for grant of…

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