MIR BAZ vs Mst — 2022 YLR 475 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 475 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: MIR BAZ vs Mst
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MIR BAZ VS Mst. NOOR Ss. 42 & 54---Suit for declaration and injunction---Concurrent findings of two Courts below---Petitioners/plaintiffs claimed to be exclusive owners of water of spring in question exclusively to irrigate their lands---Suit and appeal filed by petitioners/plaintiffs was dismissed by Trial Court and Lower Appellate Court---Validity---Petitioners/ plaintiffs assailed the matter before Supreme Court and the petition was dismissed for non-prosecution---Order of Supreme Court had gained finality---Petitioners/plaintiffs preferred petition after lapse of almost four years eight months and eleven days despite having knowledge of order as the same was passed in presence of parties and their counsels---Limitation to file such petitions were provided only three years---Order was passed by High Court in presence of parties and their counsel, therefore, plea of fraud and misrepresentation could not be substantiated---High Court declined to interfere in the matter---Revision was dismissed in circumstances.

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