Mst. Safia Khanum vs Additional District Judge-II, East, Islamabad O — 2026 MLD 856 ISLAMABAD

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Mst. Safia Khanum VS Additional District Judge-II, East, Islamabad O.II, R.2, O.VII, R, 11, O.XXIII, R.1 & Ss.12(1), 115 ---Qanun-e-Shahadat (10 of 1984), Art.114---Withdrawal of suit---Fresh suit on same cause of action, filing of---Absence of express leave by Trial Court---Effect---Maintainability of subsequent suit---Revisional jurisdiction of the High Court---Concurrent findings, interference in---The petitioners instituted a suit for declaration, cancellation and rectification of mutations asserting that they were the legal heirs of the deceased and that respondents Nos. 2 to 18 had no lawful concern with the disputed inheritance---According to the plaint, portions of the property had wrongly remained or later been entered in predecessor-in-interest of respondents Nos.2 to 18 despite the devolution of inheritance through earlier mutations, and after about seventy years the respondents got the old mutation rectified through revenue authorities, whereupon the respondents moved an application under O. VII R.11, C.P.C.---Trial Court rejected the plaint and the appeal was dismissed---Petitioners then filed the present civil revision---The core issue for determination was “whether, in the facts pleaded, the plaint was legally liable to rejection under O. VII R. 11, C.P.C?”---Held: As the second suit was dismissed for non-prosecution and the petition for permission to file afresh was declined, so the petitioners were precluded from filing the third suit---Moreover, in case of concurrent findings of courts below scope of revision petition became very limited---Petitioners failed to point out any misreading or non-reading of the evidence --- Present civil revision had no merit, and was dismissed, in circumstances.

Mst. Safia Khanum vs Additional District Judge-II, East, Islamabad O — 2026 MLD 856 ISLAMABAD

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