| Citation(s) |
|---|
| 1998 SLG 1304 1998 SLD 1304 1998 CLC 726 |
Peshawar High Court
Civil Revision No. 146 of 1996, decision dated: 27-06-1997, hearing DATE : 24-06-1997
HAMID SAEED MALIK, J
Sardar Allah Nawaz Khan Sadozai for Petitioner, Dost Muhammad Khan for
Respondents
Civil Revision No. 146 of 1996, decision dated: 27-06-1997, hearing DATE : 24-06-1997
HAMID SAEED MALIK, J
Sardar Allah Nawaz Khan Sadozai for Petitioner, Dost Muhammad Khan for
Respondents
Mst. SABIR JANA alias DOWALI
VS
HAMIDULLAH JAN and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for declaration that mutation in question was wrong, illegal, mala fide, fraudulent and ineffective upon rights of plaintiff and pro forma defendants---Plaintiff's suit was decreed and mutation in question, was set aside---Petitioner thereafter in appeal, filed application that she having purchased some of the land comprised in mutation in question was necessary party---Petitioner had mentioned in her application that copy of agreement to sell in her favour was attached but in fact no such copy had been attached resulting in dismissal of her application--Petitioner's review application against such was also dismissed--Validity---Petitioner was wife of one of contesting defendants and closely related to other defendants---Mutation in question was found by Trial Court to be bogus and fake whereupon criminal case had been registered against Revenue Officers as well as defendants---Petitioner having agreement to sell in her favour had not attained legal status as yet to be impleaded---Besides, petitioner had remained silent over her purported claim for four years---Appellate Court, had, thus, rightly dismissed petitioner's application to be impleaded in suit and her review application filed thereafter---Revision being devoid of force was not maintainable in circumstances. JUDGMENT By this revision petition filed under section 115, C.P.C., the petitioner seeks the setting aside of the order/judgment, dated 16-11-1995, passed by the learned Additional District Judge, Bannu, vide which her review petition against the judgment/order of the said Court, dated 23-10-1995 refusing her application for her impleadment as respondent in Appeal No.43/13 of 1995, titled Zamani etc. v. Hamidullah etc.; was rejected. 2. Facts of the case are that Hamidullah Jan (plaintiff) had sued Zamani etc. (defendants) in the Court of Senior Civil Judge, Bannu for a declaration to the effect that he and pro forma defendants were owners of the suit property fully described in heading of the plaint and that Mutation No. 19996 attested on 29-6-1978 in respect thereof was wrong, illegal, mala fide,…
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