Law:

Section:

(a) Specific Relief Act (I of 1877)--Ss. 42 & 54---Civil Procedure Code (V of 1908), S.12(2)---Suit for declaration and perpetual injunction---Petitioner/plaintiff claimed to be owner of house in dispute on basis of gift allegedly made in his favour by original owner---Defendant who claimed to be one of sharers in the house had filed suit for partition of house and petitioner/plaintiff (defendant in that case) had failed to produce in Court gift-deed to prove himself to be donee ---Preliminary and thereafter, final decree was passed in suit for partition---Plaintiff instead of challenging and decree passed by Trial Court in that suit for partition before Appellate Court, filed suit for declaration and perpetual injunction against and decree of Trial Court---Trial Court after recording evidence of parties, treated suit of plaintiff on his request as application under S.12(2), C.P.C. and dismissed same and order of Trial Court was upheld by Appellate Court below and High Court---Plaintiff had contended that suit for declaration and perpetual injunction was competent for making challenge to preliminary and final decree passed in suit for partition and that his suit could not have been converted into application under S.12(2), C.P.C.---Validity---Contention of plaintiff was repelled because civil suit could be resorted to by a litigant whenever a cause of action in that regard would accrue in his favour, but plaintiff, who could challenge decree passed against him in earlier suit for partition before Appellate Court below, was precluded from filing suit for declaration and injunction in terms of S.12(2), C.P.C.---Plaintiff, in circumstances, was rightly non-suited. Shamroz Khan and another v. Muhammad Amin and others PLD 1978 SC 89; Government of Balochistan through Secretary, Revenues v. Ghulam Muhammad 1991 CLC 2033; Z.Z. Ahmad (Retd.) Deputy Inspector-General of Police v. National Bank of Pakistan PLD 1991 SC 363; Messrs Landhi Industrial Trading Estates Ltd., Karachi v. Government of West Pakistan through Excise and Taxation Officer, "N" Division. Karachi 1970 SCMR 251 ref. (b) Civil Procedure Code (V of 1908)--- ----O.IX, R.6---Ex parte decree without…

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