Law:

Section:

Civil Procedure Code (V of 1908)-------S. 79 & 0.1, Rr.3, 10---Specific Relief Act (I of 1877), Ss.42 & 54---West Pakistan Land Revenue Act (XVII of 1967), S.44---Suit for declaration, injunction and correction of revenue entries---Competency---Plaintiffs who had claimed that suit lands were their ancestral properties, had prayed that revenue entries pertaining to suit land appearing in name of Provincial Government be cancelled and same should be directed to be entered in favour of plaintiffs and that plaintiffs should be declared owners of said properties---Entries with regard to lands in dispute existed in name of Provincial Government in relevant Revenue Record since 1958-59 when Revenue Settlement of area was carried into effect---Plaintiffs, in circumstances, should have impleaded recorded owner/ Provincial Government as defendant in suit filed by them keeping in view requirements of S.79, Civil Procedure Code, 1908---Provincial Government being necessary party having been condemned unheard, Courts below were not justified to decree suits without impleading necessary party as defendant. PLD 1993 SC 147; 1994 SCMR 1778; 1992 SCMR 786; 1994 CLC 835 and 1996 CLC 333 ref. JUDGMENT The instant revision petition has been preferred against judgment and decree, dated 31-12-1996 and 27-3-1997 respectively passed by the learned Qazi Court and learned Majlis-e-Shoora, Sibi Division, Sibi whereby the suit filed by the respondents against the petitioners was decreed and appeal preferred against the decree granted by the Court of Qazi was dismissed by the Majlis-e-Shoora. 2. Against the judgments and decrees of even date separate Revision Petitions Nos. 154 of 1997 and 155 of 1997 has been preferred by the petitioners before this Court against the respondents arising out of the two separate suits filed by the respondents against the petitioners. Three separate suits in respect of three distinct properties were instituted and common evidence was led by the plaintiffs/respondents in these suits, however, separate judgments and decrees were passed by the trial Court and the learned Appellate Court, which are assailed by the petitioners in the abovenoted revision…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492