2000 YLR 637 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD HASSAN VS DHARAMDAS Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees ----O.XLI, R.22 & S.115---Failure to file cross-objections in appeal---Judgment of Trial Court was against both the parties and none of the parties was able to prove its title---Plaintiffs filed appeal and the same was accepted by the Lower Appellate Court decreeing the suit---Defendant neither filed appeal nor any cross-objection before Lower Appellate Court for asserting his right of ownership in the suit land ---Effect--Defendant filed the revision petition when the findings of the Lower Appellate Court went against him and the suit was so decreed---Where the defendant abandoned his right by neither filing any appeal nor by challenging the same by filing cross-objections in the first appeal, defendant could not assert his right of ownership in revision proceedings---Lower Appellate Court had exhaustively discussed the ocular and documentary evidence--Defendant who was in possession of the suit property was a trespasser/encroacher and was not entitled to resist his dispossession/eviction initiated by the plaintiff---Revision was dismissed accordingly.