Law:

Section:

Civil Procedure Code (l of 1908)-- ---S.115---Revisional jurisdiction, exercise of---Judgments of Courts below were so confusing and without appreciation of actual physical aspects of property in dispute at the spot that both parties themselves frankly stated at the bar that it was a case of remand to determine real point of dispute between the parties---High Court after hearing parties and going through record, accepted request of parties and in exercise of revisional jurisdiction, set aside and decree of Courts below and remanded case with directions that pleadings be got completed and better statements of parties recorded to bring out real dispute if still subsisting and to decide case afresh. JUDGMENT Atta Muhammad, Dost Muhammad etc., sons and daughter of Muzaffar Khan filed a suit against Atta Muhammad Khan etc., the son and daughters of Ghazi Khan, for an injunction restraining the defendants from interfering in any manner with the title and possession of the plaintiffs over house No.G/46 situated in Mohallah Alam Khel, Mianwali City. It was dismissed by learned Civil Judge Mianwali vide judgment dated 20-6-1978 and the appeal filed by the plaintiff was accepted and suit decreed on 5-10-1981. This is a revision petition against the same. 2. The judgments are so confusing and without appreciation of the actual physical aspects at the spot that both the learned counsel frankly stated as the bar that it was a case of remand to the learned lower Court to determine the real point in dispute between the parties. After having heard them and gone through the record, their request in this behalf seems to be genuine. . 3. The plaintiffs, respondents herein, claimed that they were the owners in possession of house No.G/46 bounded on the north by the house of defendants, vacant plot of Abdul Rehman son of Muhammad Khan and a thoroughfare. The common boundary of the houses of the plaintiffs and the defendants was mentioned as 44 feet in para 2 of the plaint. According to the plaint a site plan had also been filed therewith indicating the common' boundary as I. It…

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