Law:

Section:

Specific Relief Act (I of 1877)--- S. 42 Civil Procedure Code (V of 1908), Ss.100, 115 & O. VII, R.10 Constitution of Pakistan (1973), Art. 185(3) Suit for declaration without possession Deciding issue regarding valuation of suit alongwith other issues Jurisdiction of High Court under Ss.100 & 115, C.P.C. Scope Plaintiff not being in possession of the suit property only sought declaration without recovery of possession Trial Court dismissed the suit as the same was also not properly valued Plea raised by the plaintiff was that instead of dismissing the suit, the same should have been returned to him under O.VII, R.10, C.P.C. Further plea raised by the plaintiff was that the High Court had wrongly converted the second appeal into revision petition Validity Leave to appeal was granted by Supreme Court to consider; whether in the facts and circumstances of the present case, regular second appeal of the plaintiff was competent and the case of the plaintiff was prejudiced by the conversion of the appeal into civil revision by the High Court; and whether in facts and circumstances of the case the Trial Court was required to return the plaint under O.VII, R.10, C.P.C. and was prohibited by law to decide issue regarding value of the suit for the purposes of court fee alongwith other issue. ORDER FAQIR MUHAMMAD KHOKHAR, J. The petitioner seeks the grant of leave to appeal against judgment dated 9 6 1999 passed by the Lahore High Court, Lahore in Civil Revision No.947 of 1999. 2. Briefly stated, the facts of the case are that the petitioner filed a civil suit, against the respondents, for declaration that a registered sale deed dated 16 4 1963 for the sale of suit land situated at village Matta Virkan, District Gujranwala, executed by the petitioner during his unsoundness of mind in favour of the respondents was illegal, void and inoperative against his rights. As a consequential relief, permanent injunction for restraining the respondents from interfering in ownership and possession of the petitioner over the suit land was also prayed for. On account of divergent pleadings of the parties, the trial Court framed, amongst others, Issue No.5 as to whether the suit…

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