52/2009 R.A (Civil Revision) Abdul Hakeem (Applicant) V/S Ameenuddin Since Deceased Through his Legal Heirs (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 03-NOV-16
Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R. 11---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property---Revision---Competency---Phrase "no appeal lies" in S.115, C.P.C."---Scope---Plaint was rejected by Trial Court but Appellate Court converted the suit for declaration and permanent injunction into a suit for recovery of possession---Validity---Law had specifically barred an appeal against the dismissal of suit under S.9 of Specific Relief Act, 1877---Revision against the impugned appellate order was not maintainable as appeal had been barred by law---Revisional Court could not find any jurisdictional defect in the order passed by the appellate court when appeal was barred by law---Revision would lie when no appeal lay---Phrase "no appeal lies" in S.115, C. P. C could not be equated with the phrase "no appeal shall lie" used in S.9 of Specific Relief Act, 1877---Right and entitlement of the parties could not be determined in the suit under S.9 of Specific Relief Act, 1877---Lawful claimant could file a civil suit for his title and recovery of possession thereof---Revision was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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