Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)------S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Suit for declaration by plaintiff was concurrently dismissed by the Trial Court and Appellate Court being barred by time---Evidence on record had fully established that suit was barred by time---Concurrent s of the two courts of competent jurisdiction based on evidence on record, could not be interfered with by the High Court in exercise of its revisional jurisdiction in absence of any illegality in said concurrent s. Aurangzeb v. Muhammad Jaffar and another 2007 SCMR 236; Muhammad Zafarullah v. Muhammad Arif and others 2007 SCMR 589; Hakim-ud-Din v. Faiz Bakhsh and others 2007 SCMR 870 and Rashid Ahmad v. Said Ahmad 2007 SCMR 926 ref. Khan Muhammad Bajwa for Petitioner. Wali Muhammad Buttar for Respondents Nos. 1 and 2. Kh. Basil Waheed for Respondents Nos.3, 5 and 6. Taki Ahmad Khan for Respondents Nos.7 and 8. Date of hearing: 24th March, 2008. JUDGMENT HAFIZ TARIQ NASIM, J.--- Brief facts leading to this civil revision are that Mst. Muradan Bibi the petitioner claimed herself to be the legal heir of Mst. Begum Bibi who was the original owner of the property in dispute and alleged that she along with respondents Nos. 1 to 6 are the legal heirs of Mst. Begum Bibi and the respondents Nos.1 and 2 in collusion with the Revenue Authorities without consent of Mst. Begum Bibi got mutated the sale attested vide Mutation No.177, dated 16-6-1986 which is illegal and against the rights of the plaintiff and filed a suit for declaration with consequential relief in the Court of Senior Civil Judge, Hafizabad. The respondents contested the suit on various grounds and out of the pleadings of the parties seven issues were framed; the learned Civil judge recorded the evidence of both the parties and finally dismissed the suit of Mst. Muradan Bibi. 2. The petitioner filed appeal before the learned District Judge, Hafizabad who vide judgment, dated 19-3-1996 confirmed the judgment and decree passed by the learned Civil Judge and dismissed the appeal. 3. The learned counsel for the petitioner submits that both the Courts below have misread the evidence on record and…

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