IMAM SHAH vs BANAT SHAH S — 2022 CLC 873 PESHAWAR-HIGH-COURT

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IMAM SHAH VS BANAT SHAH S.10 & O.VII, R. 11 & O.XLI, R.22---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration was filed by petitioners alleging that they were the legal heirs of ("A") who was successor of ("B") on strength of mutation attested on 24/07/1998 through decree of the Court; that non-incorporation of their names in the periodical record was wrong/collusive/mala fide---Petitioner's plaint was rejected under O.VII, R.11 of the Civil Procedure Code---Appeal was also dismissed---Question whether non-incorporation of mutation in revenue paper despite attestation of the same mutation, be judged by the Trial Court (at early stage) without recording of evidence---Validity---Not only the parties were heard at length on four different dates but ADK was also summoned along with record---"A" had instituted suit in 1985 wherein issue was framed as to judge whether the suit was hit by the doctrine of res subjudice---"B" had died issueless in the year 1962, therefore, petitioners were rightly not named/incorporated in the Jamabandi for the year 2001/02---Reference of impugned mutation had already been incorporated with determination of correct shares---Suit of "A" was dismissed by the civil court on 16/05/1990 and the judgment and decree was maintained by High Court through the judgment in Civil Revision decided on 13/03/1998---Petitioners by their own conduct were stopped under the principle of estoppel by acquiescence because judgment in civil suit filed by "A" was an estoppel by record, to the effect that "where a judgment had been given by a competent court, and the effect of it was that the matters decided could not be reopened by a person who was a party to the judgment or his representative---Findings of High Court in said revision petition were not challenged before apex Court as such attained finality---Revision petition was dismissed accordingly. Head Notes

IMAM SHAH vs BANAT SHAH S — 2022 CLC 873 PESHAWAR-HIGH-COURT

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