Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Revision---Maintainability---Apart from the fact that revision petition was barred by time, record appended to revision petition had shown that even copy of decision of Appellate Court below was not placed on record---Revision petition was liable to be dismissed on that short ground. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Limitation Act (IX of 1908), S.5---Revision---Limitation---Delay, condonation of---Petitioner had sought condonation of delay in filing revision petition contending that one of the legal heirs of deceased was abroad and was unaware of impugned passed by Appellate Court---Validity---Ten appellants were before Appellate Court besides the said heir of deceased and any one of them could obtain certified copies to challenge of Appellate Court---Copies of were obtained after more than one and a half year of and revision was filed after more than one month from obtaining certified copies of ---No case for condonation of delay having been made out, revision was liable to be dismissed being barred by time. (c) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.IX, Rr.8, 9 & O.XX, R.5---Suit for declaration---Dismissal of earlier suit for non-appearance of plaintiff---Fresh suit---Maintainability---Fresh suit was filed after about 10 years from dismissal of the earlier suit---Plaintiffs had not urged that -fresh suit was based on different cause of action, but emphasis of the plaintiffs was that issues touching the merits of the controversy should have been decided by the Courts below---Validity---Contention was repelled because in accordance with O.XX, R.5, C.P.C. the Court had to state its finding or decision with reasons thereof upon each separate issue unless finding upon any one or more of the issues was sufficient for decision of the suit---If after deciding one issue Trial Court had clearly recorded that in view of finding on that issue, other issues were not required to be determined, that course was permissible and no exception could be taken thereto. Abdul Haq v. Mst. Ghulam Fatima and 3 others PLD 1987 Lah. 574 ref. JUDGMENT Muhammad Hanif…

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