Law: Specific Relief Act, 1877

Section: 42,55

Law: Civil Procedure Code (V of 1908)

Section: O.XIV,R.I

Specific Relief Act (I of 1877)--- ----S. 42 & 55---Civil Procedure Code (V of 1908), O.XIV, R.I---Suit for declaration---Plaintiffs filed suit for declaration and permanent injunction on the ground that the Settlement Commissioner had passed cancellation of allotment order which was in the name of the person similar to that of their predecessor-in-interest but with different parentage---Defendants contested suit on the ground that original order passed by Additional Settlement Commissioner was not challenged---Trial Court dismissed suit of the plaintiffs---Appellate Court, on appeal, allowed the same and remanded the case to Trial Court for decision afresh after providing opportunity to the plaintiffs to implead the necessary party and to challenge the orders of Additional Settlement Commissioner---Validity---Unless the identity of the person was resolved, no effective decree could be passed---Trial Court had failed to frame the most relevant issue of real controversy between the parties and opted to dismiss the suit purely on the ground of non-joinder of necessary parties---Appellate Court had rightly come to the conclusion that defendants should have been allowed to implead the necessary parties to the suit and to amend the plaint---High Court allowed one of the revision petitions partially to the extent to modify the impugned order with direction to Trial Court to frame issue regarding the identity of predecessor-in-interest of the plaintiffs while dismissing the other revision petition on the same . THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- These two civil revision are directed against the one judgment passed by the learned Addl. District Judge Kasur on 10-10-2001. As these two civil revisions are against the same judgment, so I propose to decide these two revision petitions through a single judgment. 2. Briefly stated the facts are that the legal heirs of one Qaisar-ud-Din Khan son of Shuja-ud-Din Khan who died in 1983 filed a suit for declaration and permanent injunction with consequential relief claiming that their predecessor in interest was allotted land measuring 103 Kanals 12 Marlas vide R.R. II in District Kasur in the…

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