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[Lahore]
Before Gul Zarin Kiani, J
Hafiz MUHAMMAD BAKHSH--Appellant
versus
WALAYAT SHAH--Respondent
Civil Revision No. 33 of 1986, decided on 15th January, 1986.
---S. 115--Revision--Competency of--Suit filed -by plaintiff dismissed and appeal filed against dismissal order was also dismissed having been withdrawn unconditionally by plaintiff--Appellate Court while dismissing appeal gave direction to Settlement Department to demarcate suit property--Revision by defendant/ petitioner against order of Appellate Court giving direction, held, was not competent as any subsequent application filed by plaintiff/respondent would be decided on its own merits and in accordance with law without being influenced by said direction.
Asif Saeed Khan Khosa for Appellant.
Nemo for Respondent.
Date of hearing: 15th January, 1986.
Petitioner seeks revision of order of District Judge Rajanpur, dated 7-12-1985, whereby while dismissing civil appeal as withdrawn, the Settlement Department at Rajanpur was ordered /directed to demarcate suit property. Petitioner who was a defendant in the civil suit out of which the appeal had arisen, is aggrieved of the aforesaid direction of learned District Judge. It is stated that Court of appeal, after having dismissed the appeal as withdrawn, could not have added such a direction. It was also suggested that after transfer documents had been issued, Settlement Department had no jurisdiction to demarcate.
It was further submitted that Evacuee Laws since long had been repealed and Settlement Department does not exist. Counsel also argued that direction, without hearing the petitioner could not have been issued. Jurisdiction of the Court to make those observations was seriously disputed.
2. Plaintiff, on the basis of a transfer order claimed possession from the defendant who pleaded in defence that he was in possession of his own property. Civil Judge, after trial, found in favour of the defendant. When the dispute came in appeal before learned District Judge. Plaintiff /appellant withdrew his appeal unconditionally.
3. Mr. Asif Saeed Khan Khosa, was heard at length. However, 1 have not felt pursuaded to interfere in revision. Appeal before the District Judge was withdrawn unconditionally. Jurisdiction is conferred by statute only. In these circumstances if and when an application fort property is submitted by Walayat Shah, it shall be decided on its own merits and in accordance with law without being influenced by the aforesaid direction. With these observations, petition for revision is' disposed of.
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