2006 PLP 1263 (YLR)
MASJID GHOSIA JARANWALI, KHUSHAB — Petitioner Versus REHMAT ULLAH and others — Respondents
| Citation | 2006 PLP 1263 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sheikh Azmat Saeed, J |
| Parties | MASJID GHOSIA JARANWALI, KHUSHAB — Petitioner Versus REHMAT ULLAH and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2006 PLP 1263 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1263 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sheikh Azmat Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1263 (YLR) (MASJID GHOSIA JARANWALI, KHUSHAB — Petitioner Versus REHMAT ULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Imtiaz Mahal for Petitioner.
- Mian Zulfiqar Ali for Respondents Nos.4(i) to 4(vii).
- Shafqat Hayat Bloach for Respondent No.6.
Headnotes / Summary
S. 12(2)-Specific Relief Act (I of 1877), S.42
Suit for declaration had been filed by the petitioner challenging the validity of judgment and decree passed by Trial Court
Such suit was clearly barred by S.12(2) C.P.C.
Remedy, if any, available to plaintiff was by way of filing an application before the Court concerned and not by way of filing a separate suit.
Judgment & Decree
SHEIKH AZMAT SAEED, J.
This revision petition directed against the judgment and decree dated 14-10-2004 passed by the first learned Appellate Court whereby the appeal filed by the petitioner against the judgment and decree dated 20-7-2002 was partly dismissed.
2. The brief facts leading to the filing of this petition are that the petitioner-appellant filed a suit for declaration with prayer that judgment and decree challenged was invalid. The respondent-defendants entered appearance and contested the suit on the divergent pleadings of the parties, the learned trial Court framed the issues, recording the evidence and hearing the arguments disposed of the matter vide judgment and decree dated 20-7-2002. The petitioner being aggrieved of the same filed an appeal before the first appellate Court. During the pendency of the appeal an application was filed for withdrawal of the main suit on the ground of formal defect. The said application was dismissed and the appeal filed by the petitioner was also dismissed vide the judgment and decree impugned herein.
3. I have heard the learned counsel for the parties and perused the record appended with this petition.
4. The suit has been filed by the petitioner challenging the validity of a judgment and decree passed by the trial Court. The said judgment and decree had been affirmed in appeal and a revision arising therefrom has also been decided by the this Court. It is clear and obvious that the suit filed by the petitioner was clearly barred by section 12(2) of C.P.C. The remedy if any available to the petitioner was by way of filing an application before the Court concerned and not by way of filing a separate suit.
5. In this view of the matter this petition is without any merit and the same is dismissed. The petitioner, if so advised may seek his remedy by filing an application under section 12(2), C.P.C. which if filed shall be decided on its own merits. F. B. /M-1421 /L Petition dismissed.