Law:

Section:

Civil Procedure Code (V of 1908), O. XXXII, r. 15-Suit or appeal by person deaf and dumb but not of unsound mind-Need not be filed through a next friend-Provisions of O. XXXII not appli­cable. Muhammad Abdul Wahid, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 24th June 1971. ORDER WAHEEDUDDIN AHMED, J.-The respondents brought a suit challenging mutation No. 574 dated the 30th April 1966, on the allegation that this entry was obtained by fraud and it was void, illegal, fictitious and without consideration. They denied that they received Rs. 14,500 as sale price and alleged that they did not appear before the Revenue Officer and did not consent to the sale in dispute. It was also alleged by them that one of the respondents Mst. Hanifan Bibi was deaf and dumb and could not give her consent to the sale. The respondents' case is that the land in dispute was given on lease to petitioner No. 8 for a period of three years from the 2nd July 1963 and the mutation in question was obtained in collusion with the Revenue staff. The suit was resisted by the petitioners. They denied to have practised any fraud and stated that Mst. Hanifan Bibi gave her consent for sale through her brother and mother. On the pleadings of the parties as many as 8 issues were framed. The learned trial Court dismissed the suit. The matter was taken in appeal to the learned Additional District Judge, Bahawalpur, who by order dated the 2nd February 1971, reversed the judgment of the trial Court and decreed the suit. The matter was then taken to the High Court in R. S. A. No. 31-71/BWP and a Division Bench of the High Court by judgment dated the 24th March 1971, dismissed the appeal in limine. The petitioners seek permission to file an appeal against the said judgment. In support of the appeal Mr. Muhammad Abdul Wahid, learned counsel for the petitioners has urged two points. In the first place, the learned counsel contended that Mst. Hanifan Bibi being absolutely deaf and dumb, it was necessary for the petitioners before the Additional District Judge, Bahawalpur, to file the appeal through a next friend. The learned…

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