Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.9---Suit for declaration---Matter of inheritance of refugee right holder being subject-matter of suit---Parties litigated for 20 years, and matter was adjudicated and decided by Trial Court, Appellate Court and High Court twice by remanding case for its decision on merits---Objection as to jurisdiction of civil court raised by defendant before High Court in revision that proper forum for redressal of such dispute was Settlement Authorities, but not the civil court---Validity---Defendant had not raised such objection in all such tiers, but had fully participated in proceedings and contested them---Such objection was overruled having been raised at a late stage. Muhammad Saleem and others v. Sardar Ali and others 2004 SCMR 1640; Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762 and Mst. Salma Bibi v. Ali Sher and others 1994 CLC 2189 ref. (b) Specific Relief-Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Attestation of two inheritance mutations---Plaintiff in suit challenged one mutation, but did not challenge other mutation---Matter remained pending in different courts for about 20 years, but plaintiff did not amend plaint to include therein other mutation---Courts below decreed suit after finding plaintiff to be entitled to inheritance in suit mutation---Plaintiff in revision before High Court claimed benefit of estate of deceased subject-matter of other mutation---Validity---Plaintiff in revision proceedings could not call in question other mutation---Impugned was in complete consonance and harmony with pleadings of parties and evidence tendered---High Court dismissed revision petition in circumstances. Nazir Ahmad and others v. Abdullah and others 1997 SCMR 281; Muhammad Boota and 48 others v. Allah Ditta and 14 others 1998 SCMR 2764; Siraj Din through L.Rs. and 2 others v. Akbar Ali and others 2005 SCMR 921 and. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. Jari Ullah Khan for Petitioners. S.M. Masud for Respondents. Date of hearing: 9th July, 2007. JUDGMENT SYED ASGHAR HAIDER, J.--- This single…

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