Law: Specific Relief Act, 1877

Section: 8,54

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act (I of 1877)--- ----Ss.8 & 54---Civil Procedure Code (V of 1908), S.12(2)---Judgment and decree setting aside of---Maintainability---Merger of decree---Judgment passed by Trial Court was merged into the and decree passed by Lower Appellate Court but Trial Court allowed application under S.12(2) C.P.C., set aside and decree passed by Lower Appellate Court and passed a fresh decree---Fresh and decree passed by Trial Court was maintained by Lower Appellate Court---Plea raised by petitioner was that application under S.12(2) C.P.C. could only be filed before Lower Appellate Court and not before Trial Court---Validity---Application under S.12(2) C.P.C. was only maintainable before the Court who finally passed and decree as and decree passed by Trial Court stood merged in and decree passed by higher forum, who affirmed or modified the and decree---As Lower Appellate Court had finally passed and decree and and decree passed by Trial Court was merged into that of Lower Appellate Court, therefore, Trial Court was wholly incompetent to entertain and adjudicate upon application under S.12(2) C.P.C. and to set aside the and decree passed by Lower Appellate Court---Order passed by Trial Court, setting aside of and decree was passed beyond jurisdiction vested in the Court and subsequent order passed by Lower Appellate Court also suffered front legal infirmity and could not be sustained---Judgments and decrees passed by both the Courts below were set aside by High Court in exercise of revisional jurisdic tion---Revision was allowed accordingly. 2004 SCMR 1247; 2006 SCMR 595; 2005 CLC 1511; Shabbir Hussain v. Mst. Anwar Sultan through 3 Legal Heirs 1986 CLC 903; Muhammad Yaqub v. Mst. Nooran 1983 CLC 1948; Muhammad Shafi v. Falak Sher 1999 CLC 361 and Land Acquisition Collector v. Said Muhammad NLR 1998 Civil 50 ref. A.M. Mobeen Khan for Applicants (in R.As. Nos.13 and 14 of 2006). THIS ORDER PASSED BY: ARSHAD NOOR KHAN, JUSTICE:---.--- By this common judgment, I intend to dispose of the Civil Revision Application No.13/2006 Shankar and others v. Ranjho and others, Civil Revision Application No.14/2006 Ravo and others v. Chandoo and others and Civil…

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