Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration--­Plaintiff was non-suited by High Court for his failure to ask for possession as consequential relief---Validity---Contentions raised were that view of High Court to the effect plaintiffs having failed to ask for relief of possession as consequential relief were not found entitled to decree was not tenable, when in fact, they had specifically pleaded in suit that they were owners in possession of land in question and that no adverse findings were recorded by two Courts below while decreeing suit; that in any case plaintiffs could be allowed relief of possession on basis of admitted facts through amendment of plaint---Contentions raised would require examination---Leave to appeal was granted in circumstances. ORDER SAIDUZZAMAN SIDDIQUI, J.---The learned counsel for the petitioners in seeking leave to appeal against the judgment of a learned Judge in Chambers of Peshawar High Court in Civil Revisions Nos. 127 and 128 of 1993 has raised the following contentions:-- (1) That the learned Judge in chambers could not non-suit the plaintiffs in the above cases on the sole ground that the petitioners having failed to ask for relief of possession as a…

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