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Petitioner: HUSSAIN and 15 others VS Respondent: ABDUL KHALIQ and another
Court Name: Sindh High Court Judge(s): Saleem Akhter Title: HUSSAIN and 15 others vs ABDUL KHALIQ and another Case No.: Civil Revision No,244 and Civil Miscellaneous Application No,1038 of 1990 Date of Judgment:1990-10-30 Reported As: 1991 CLC 967 Result: Petition dismissed
Judgment ORDER ' The applicants filed suit for declaration and injunction claiming to be one of the joint owner of the property, in full possession of the entire property. His allegations are that the respondents are threatening to dispossess him. In support of his claim he had filed photo copies of power of attorney and form 7. The respondents did not appear and the learned trial Court required the applicants to produce evidence. In spite of several adjournments granted no evidence was produced and consequently the suit was dismissed. An appeal against that judgment was also dismissed. ' Mr. Ali Muhammad Sheth the learned counsel has contended that it was not necessary to ask for evidence as the plaint was verified on oath and the learned Trial Court should have decreed the suit under Order VIII, Rule 10, C.P.C. The provisions of Order VIII, Rule 10, C.P.C. And O.IX, R.6 are discretionary in nature. If the trial Court is not satisfied with the averments made A in the plaint on oath and the documents filed, it may require the plaintiff to produce evidence to substantiate his claim. The applicants had filed photocopy of form 7 and the original was never produced before the trial Court. Furthermore, as the applicants had claimed possession to the exclusion of other co- owners the trial Court thought it fit to examine witnesses who were never produced. The applicants therefore cannot make a grievance against the impugned orders. In my view no illegality or irregularity has been committed by the Courts below. The revision application is dismissed in limine. However, if the applicants have any fresh cause of action they would be entitled to file a fresh suit.