| Citation(s) |
|---|
| 1996 SLG 1284 1996 SLD 1284 1996 CLC 330 |
Sindh High Court
Civil Revisions Nos. 64 of 1991 (Sukkur) and Civil Revision No. 74 of 1994 (Larkana), decision dated: 30-08-1995
ABDUL MAJID KHANZADA, J
Abdul Hameed Khan for Petitioners. Ghulam Qadir Abro for
Respondent No. 1. Nemo for
Respondents Nos. 3, 4 and 5
Civil Revisions Nos. 64 of 1991 (Sukkur) and Civil Revision No. 74 of 1994 (Larkana), decision dated: 30-08-1995
ABDUL MAJID KHANZADA, J
Abdul Hameed Khan for Petitioners. Ghulam Qadir Abro for
Respondent No. 1. Nemo for
Respondents Nos. 3, 4 and 5
GHULAM RASOOL and 2 others
VS
NABI BUX KHAN and others
Law:
Section:
Civil Procedure Code (V of 1908)-------O.XXXIX, Rr. 1, 2 & S. 115---Revision against interlocutory orders--Competency---Copy of plaint filed with revision did not show names of defendants, therefore, it could not be ascertained as to who was left by plaintiffs in appeal and revision---Memorandum of appeal, however, would make it clear that all defendants in suit were not joined as respondents in appeal as also in revision---Such ground alone was sufficient to dismiss revision---No jurisdictional defect or irregularity in the order of Trial Court, however, was pointed out so as to justify interference in revisional jurisdiction of High Court---Provisions of S. 115, C.P.C. being discretionary could only be invoked if irregularity in exercise of jurisdiction had led to injustice or hardship---No irregularity or injustice was manifest on record to justify interference by High Court in concurrent orders of Courts below---Order in question, thus, did not justify interference. JUDGMENT This Revision is directed against the interlocutory order passed by the 1st Senior Civil Judge, Larkana on 20-2-1991 on the application under Order 39, Rules 1 and 2 read with section 151, C.P.C. end the order dated 31-8-1991 passed by the IInd Additional District Judge, Larkana dismissing the C.MA. No. 10 of 1991 filed against the order dated 2-2-1991 passed by 1st Senior Civil Judge, Larkana in F.C. Suit No. 118 of 1990. Briefly stated the facts which lead to this Revision are that the petitioners filed F.C. Suit No.118 of 1990 for declaration and perpetual injunction praying therein as under:-- (i) to declare that the plaintiffs are owners of the suit land measuring 24-19 acres as shown in paras. Nos.l to 3 of the plaint and the defendants have no title or interest therein and the-mutation of Khata of the same in favour of defendants Nos. 1 and 2 and threatened action of the defendants in dispossessing the plaintiffs therefrom is illegal, mala fide and without lawful authority; (ii) to grant perpetual injunction restraining the defendants from dispossessing the plaintiffs from the. suit land themselves or through their agents and subordinates; (iii) award costs. (iv) any other…
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