Law:

Section:

(a) Civil Procedure Code (V of 1908)------ ----S. 9---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the Civil Court had the jurisdiction to decide the matter pertaining to execution, discharge and satisfaction of the decree of the Revenue Court. (b) Civil Procedure Code (V of 1908)--- ----S.114 & O.XLVII, R.1---Specific Relief Act (I of 1877), S.42--­Decree passed by Revenue Courts, assailing of---Review of passed by High Court---Validity--Review of the of High Court was sought by the appellants only to the limited extent of correction in the decretal amount for the purpose of execution of decree---Question raised by the appellant at the time of granting of leave to appeal had no nexus with the round on which review was sought---Supreme Court recalled the leave granting order---Appeal was dismissed. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This appeal through leave of the Court has been preferred against the order, dated 21-9-1994 passed by a learned Single Judge of Peshawar High Court, Peshawar, in a review petition. The respondents by instituting a civil suit in the Court of Civil Judge, Charsadda against the appellants sought a declaration to the effect that they, as per record of right for the years 1963-64, were owners of the land measuring 1385 Kanals, 19 Marlas in Revenue Estate of village Bhlola, Tehsil Charsadda with the consequential relief that the decrees in favour of appellants relating to the suit property passed by the Revenue Court was not binding on them The appellant without denying the ownership of the respondents contested the suit on the ground that the respondents being the legal heirs of Haji Muhammad Gul, were bound by the decree passed against them by the Revenue Court. The learned trial Judge, however, decreed the suit in favour of the respondents vide judgment, dated 22-7-1972 which was challenged by the appellants through an appeal before the District Courts and the Appellate Court while setting aside the decree remanded the case back to the trial Court for fresh decision. The suit was decreed by the learned Civil Judge vide judgment, dated 31-3-1983 and appeal…

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