Law:

Section:

Civil Procedure Code (V of 1908)---- ----O. XXI, Rr. 99, 100 & 103---Specific Relief Act (I of 1877), Ss. 42 & 56---Constitution of Pakistan (1973), Arts,. 199 & 185(3)---Relief of declaration of right, title and right to injunction---Decree passed by the Trial Court was maintained up to Supreme Court---During execution application, brother of the judgment-debtor filed objection on the ground that they were not party to the suit proceedings and they were condemned unheard---Plea of non joinder of necessary parties was found to be without merit by the Trial Court---Such objection was overruled by the Executing Court as well as by the Lower Appellate Court and by High Court in its Constitutional jurisdiction---Validity---Relief of declaration of right, title and right to injunction could be asked only against the persons who would deny such right---Where the -Petitioners were not unaware of the pending proceedings which lasted for more than two years, they, at the time of execution of the decree could not be permitted to object to its execution considering that the -Petitioners were estopped on the ground of their such conduct----Petitioners did not approach the High Court ,with clean hands entitling them to discretionary equitable relief under the Constitutional jurisdiction---Leave to appeal was refused. ORDER HAMID ALI MIRZA, J. ---This civil petition for leave to appeal is directed against the judgment, dated 29-7-2000 passed by a learned Judge in Chambers of Peshawar High Court, whereby Writ Petition No.813 of 2000 (Shafatullah and another v. District and Sessions Judge, Nowshera and four others) was dismissed in limine. 2. The brief facts of the case are that -Respondent No.3, Taj Muhammad Khan, filed Suit No.51/1 of 1998 before Civil Judge, Nowshera for declaration and injunction against -Respondents 4 and 5, namely Shaukatullah and Sanaullah, the brother of the -Petitioners. -Respondents 4 and 5 filed written statement, denying the contents of the plaint. The Civil Judge framed as many as 10 issues. The parties adduced their evidence, and after hearing the counsel for the parties, the learned Civil Judge decreed the suit in favour of the…

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