Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Muhammad Afzal Lone Title:Mian MUHAMMAD SHARIF and others vs ADDITIONAL DISTRICT JUDGE and

JUDGMENT

Reported As: 1986 MLD 2276 Result: Order accordingly Judgment JUDGMENT It is not disputed that before passing of the ex parte decree in favour of the petitioners, which was subsequently set aside, in the mutation in question, the land stood in the name of Mst. Fatima Bibi deceased. However, through execution of the decree aforesaid, her name was replaced by that of the petitioners. Thus, after setting aside of the ex parte decree, on the respondent's move by way of restitution only the name of Mst. Fatima Bibi could be substituted for that of the petitioners. The learned counsel representing the contesting respondents agrees that restitution should have been permitted to that exent only. I . This order shall not be a bar for the respondents to seek their other remedy in accordance with law. Likewise, the petitioners shall be at liberty to press their rights before the proper forum. The parties are left to bear their own costs.

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