Law:

Section:

Suit for Declaration-- ----Suit for declaration and possession, decreed by trial Court--Objection with regard to jurisdiction of civil Court--Preliminary issue was with regard to jurisdiction--Objection that finding on preliminary issue having not been questioned earlier, the matter cannot be reopened in instant appeal--Held: The issue is one of the many issues arising in the suit--Although it was decided first yet an appeal could not have been filed as no decree one way or the other had been passed--Appeal lies only against decree, which was passed after deciding all other issues in the suit. Cooperative Societies Act, 1935-- ----Ss. 70 & 70A--Declaration is sought vis-a-vis denial of title by the appellant--Question of title involved in instant case can be decided only by civil Court and not by any officer under Co-operative Societies Act--None of the two provisions are, therefore, attracted in any manner. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 84--Objection regarding absence of authority in trial Court to compare the signatures is baseless--Under Art. 84 of the Qanoon-e-Shahadat Order, a Court has the necessary power to compare the signatures--RFA dismissed. 1997 SCMR 976 Ref. THIS JUDGMENT DELIVERED BY: MAULVI ANWAR-UL-HAQ, J.- On 3.2.88 Mst. Asghari Begum the deceased Respondent No. 1 (now represented by her L.Rs, hereinafter to be referred as the plaintiff) filed a suit against the appellant and the other respondents. It was stated in the plaint, that Respondent No. 4 is a registered Cooperative Society. The plaintiff was member of the said Society and held a share vide certificate issued on 16.3.43. Vide resolution dated 18.4.43 she was allotted a plot measuring 6 kanals bearing No. 10-A Model Town Lahore (hereinafter to be referred as the suit plot). She paid the price and was delivered possession. The plot was demarcated on her application on 23.5.62 and she constructed a wall after permission accorded by Respondent No. 4 on 14.2.74. In para-4 of the plaint it was explained that after independence of the country the Cooperative Model Town Society was declared to be evacuee vide order dated 6.9.60 of the Custodian of evacuee property…

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