Law: Civil Procedure Code (V of 1908)

Section: 115,96,O.XLIII,R.1,151

(a) Civil Procedure Code (V of 1908)--- ----Ss. 115, 96, & O.XLIII, R.1---Revision would not lie, when an appeal lies. (b) Limitation--- ----Order passed in violation of mandatory provisions of law---Validity---Limitation--No period of limitation would run for challenging such order. (c) Civil Procedure Code (V of 1908)--- ----Ss. 115, 96, 151 & O.XLIII, R.1---Order decreeing suit on basis of application under S.151, C.P.C.---Revision would be competent against such order for same being not appealable. ORDER HAMID ALI MIRZA, J.---These two civil petitions for leave to appeal are directed against judgment dated 27-11-2002 in Civil Revision Applications Nos.66 and 67 of 1995 passed by learned Single Judge of the High Court of Sindh, Karachi, whereby both civil revisions were allowed thereby common order, dated 12-5-1993 in Civil Suits Nos.1091 and 1275 of 1990 passed by Vth Senior Civil Judge, Karachi South decreeing the suits of petitioner Abdul Ghani against respondents Mst. Shaheen and other respondents in terms of compromise allegedly signed by the parties out of the Court was set aside consequently both suits were remanded to the trial Court for disposal according to law. 2. Brief facts of the case are that petitioner/plaintiff Abdul Ghani filed Suit No.1091 of 1990 against Ghulam Muhammad and two others for declaration and injunction while Suit No.1275 of 1990 was tiled by Abdul Ghani for mandatory and prohibitory injunction against respondent Ghulam Muhammad and 15 others when both suits were in respect of premises No.G-1, Plot No.MIR-1/92, Katchi Gall No.3 Jodia Bazar, Karachi in Suit No.1091/90 all three respondents/defendants gave statements before the Court that they were having no concern with the suit property while Suit No.1275/90 was contested by the parties. On 12-5-1993 applications under section 151, C.P.C. were moved in both the suits which were signed by learned counsel for respondent No.1 and learned counsel for respondent Abdul Rashid and Mst. Haleema. In the said application it was prayed that the suits be disposed of as the parties have patched up out of the Court and have signed such agreement. Photocopy of the same was annexed…

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