Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLI, R.25 & S.115---Remand of case---Jurisdiction of revisional Court---Scope---Power to remand a case under the provisions of O.XLI, R.25, C.P.C. is attached only in exercise of appellate jurisdiction and the power is not available while exercising revisional jurisdiction. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Scope---Court is primarily concerned with jurisdictional aspect of the matter so as to determine whether impugned before High Court suffers from want of authority or jurisdiction or not. (c) Civil Procedure Code (V of 1908)-- ----O. VIII, Rr. 1 & 9---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Piling of another written statement---Trial Court did not allow the defendant to file another written statement and her application under O. VIII, Rr. 1 & 9, C.P.C. was dismissed---Lower Appellate Court in exercise of revisional jurisdiction allowed the application---Validity--­Plaintiffs were unable to point out any jurisdictional infirmity, illegality of approach, irregularity of procedure or perversity of reasoning on-the part of Lower Appellate Court so as to warrant interference by High Court in exercise of its extraordinary Constitutional jurisdiction---Constitutional petition was dismissed in circumstances. JUDGMENT The necessary facts giving rise to the present Constitutional petition are that in the year 1982 one Ghulam Hussain, father of the present petitioners, allegedly gifted the property in dispute to the present petitioners. Subsequently upon the demise of the said Ghulam Hussain a mutation of inheritance bearing No. 1122 was attested on 29-5-1982 whereby the land in dispute was mutated in favour of the present respondents out of whom respondents Nos. l and 2 are the widows of Ghulam Hussain and respondents Nos.3 and 4 are distant kindred. Aggrieved of that mutation of inheritance the present petitioners filed a suit for declaration and permanent injunction against the respondents on 31-5-1982. Respondents Nos. l and 4 submitted a written statement before the .learned trial Court on 27-3-1983 wherein it was conceded by them…

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