Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---Trial Court having decreed suit, First Appellate Court setting aside and decree remanded case for decision afresh--=Validity---Trial Court after examining evidence and analysing documents produced by parties had decreed ,suit---First Appellate Court under misconception that share of "unconcerned person" was being affected had remanded case while in fact finding rendered by Trial Court did not touch share of that person---Order of remand having been rendered without discussing, analysing and examining evidence, prima facie appeared to be without jurisdiction---Order of First Appellate Court regarding share of "unconcerned person" and remanding case for joining legal heirs of "unconcerned person" was not sustainable---Order of remand was set aside and and decree of Trial Court, decreeing plaintiff's suit was restored in circumstances. Muhammad Yousaf v. Faiz-ud-Din and another 1979 CLC 247; Punjab Road Transport Board v. Tanvir Ahmad and 4 others 1983 CLC 1160; Abdul Salam and others v. Noor Nisa 1983 SCMR 1012; Ch. Nasiruddin v. Maulvi Muhammad Maskin and others 1987 SCMR 1310; Nasir Abbas v. Manzoor Haider Shah PLD 1989 SC 568; Barkhurdar v. Muhammad Razzaq PLD 1989 SC 749; Haji Noor Muhammad Jamote and another v. Osman and 3 others PLD 1993 Kar. 26; Khadim Hussain through Legal Heirs and 5 others v. Mst. Fazlan Bibi and 4 others 1996 SCMR 437; Abdul Hamid etc. v. Haji Shabir Khan and another PLD 1995 SC 649; Taj Muhammad v. Mst. Zaitooney and another PLD 1995 Pesh. 135; Ilyas etc. v. Jan Muhammad 1992 CLC 351; Mst. Umari and another v. Faqir Muhammad and another PLD 1983 Lah. 349; AIR 1926 PC 100; PLD 1976 Kar. 114 and PLD 1970 Pesh. 141 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S. 115---Unrebutted documentary evidence---Effect---Revision, filing of---Limitation---Revision was filed within time---First Appellate Court had not considered material aspects of case and had also not- analysed evidence recorded by Trial Court which contained copies of record of rights issued by Revenue Authorities and original…

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