Law:

Section:

Civil Procedure Code (V of 1908)------Ss. 115, 9 & O.XIV, R.1---Revision---Scope---Issue with regard to jurisdiction of Civil Court was neither framed nor was any step taken by defendant to claim such issue---Effect---No such objection could be entertained at revision stage. Ch. Inayatullah, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Arif Chaudhry, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Respondent No.1. Nemo for Respondents Nos.2 to 4. Date of hearing: 17th June, 2004. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- Taj Din respondent brought a suit in the Court of the learned Senior Civil Judge at Mianwali praying for a declaration that he was the owner of Ihata No.80 of Chak No.3-4/ML, Tehsil and District Mianwali; that Mst. Mussarrat Bibi petitioner-defendant had nothing to do with the same; that the allotment order, dated 16-6-1958 passed by the Settlement Officer, Bakkhar in favour of the said petitioner-respondent No.3 was illegal and fraudulent and further that the latter order, dated 4-11-1989 passed by the Collector, Mianwali was also illegal and ineffective against the rights of the plaintiff. The said suit was decreed by the learned trial Judge through a judgment dated 29-3-1995. Mst. Mussarrat Bibi impugned the said judgment and decree before the learned District Judge by way of appeal which appeal was dismissed through a judgment dated 18-12-2000 of a learned Additional District Judge at Mianwali. This led the said Mst. Mussarrat Bibi to the Lahore High Court with a petition under section 115 of the C.P.C. bearing C.R. No.1440 of 2001 which also met the same fate through a judgment dated 11-12-2002 of the Lahore High Court. 2. Hence this…

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