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Petitioner: MUHAMMAD BAKHSH VS Respondent: WALAYAT SHAH
1986 M L D 2404
1986 M L D 2404
[Lahore]
Before Gul Zarin Kiyani, J
HAFIZ MUHAMMAD BAKHSH‑‑Petitioner
versus
WALAYAT SHAH‑‑Respondent
Civil Revision No.33 of 1986, decided on 15th January, 1986.
Civil Procedure Code (V of 1908)‑‑
‑‑‑S.115‑‑Revision. (civil)‑‑Appeal before District Judge withdrawn unconditionally‑‑Interference by way of revision declined, in circumstances.
Asif Saeed Khan Khosa for Petitioner.
JUDGMENT
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seeks revision of order, of District Judge Rajanpur, dated 7‑12‑1985, whereby while dismissing civil appeal as withdrawn, the Settlement Department at Rajanpur was ordered /directed to demarcate suit property.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 It is stated that Court of appeal, after having dismissed the appeal as withdrawn, could not have added such a direction.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 It was further submitted that Evacuee Laws have since long been repealed and Settlement Department does not exist.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.
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.
Mr. Asif Saeed Khan Khosa, was heard at length. However, I have not felt persuaded to interfere in revision. Appeal before the District Judge as withdrawn unconditionally. Jurisdiction is conferred by statute only. In these circumstances, if and when an application for demarcation of 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.
S. A.
Revision declined