Syed Amjid Ali Shah vs Sar Biland O — 2025 YLR 1928 PESHAWAR-HIGH-COURT

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Syed Amjid Ali Shah VS Sar Biland O. VI, R. 17 & O. XXIII---Partition Act (IV of 1893), S.4---Limitation Act (IX of 1908), First Sched., Art. 120---Land Revenue Act (XVII of 1967), S. 172---Specific Relief Act (I of 1877), Ss. 42, 8, 54---Suits for declaration, perpetual-cum-mandatory injunction, restoration of possession, and partition---Technical defects, removal of---Substantial justice---Scope---Both suits were decreed by the trial court through consolidated judgment and decrees, but the appeals preferred by the respondents were accepted by the appellate court on the grounds that the first suit was not maintainable due to being barred by time and that correction of revenue records fell under the exclusive jurisdiction of revenue courts per S. 172 of the Land Revenue Act, 1967 and the second suit was dismissed as the petitioner did not seek partition of the entire property or implead the entire proprietary body, rendering it not maintainable---Validity---In the first suit, the petitioner sought not only declaration, permanent-cum-mandatory injunction, and possession, but also challenged the validity of the mutation as illegal and without bearing on their rights, thus falling outside the purview of S. 172 of the Land Revenue Act, 1967---Second suit could not be dismissed for partial partition or non-impleadment of the entire proprietary body, as the entire property and necessary parties could be included in the larger interest of justice rather than dismissing it on technical grounds---If the suit was defective, the law provided a mechanism for removal thereof under O. VI, R. 17 and O. XXIII, C.P.C---No suit should be dismissed for misjoinder or non-joinder of parties---Courts are mandated to adjudicate the matter in dispute based on the facts and rights of the parties involved---High Court, without addressing the merits of the case, set aside the appellate court's findings and remitted the matter to the Trial Court with directions to allow the petitioner to remedy the technical defects---Civil revision was disposed of accordingly.

Syed Amjid Ali Shah vs Sar Biland O — 2025 YLR 1928 PESHAWAR-HIGH-COURT

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