Case is not governed by section 9 of the Specific Relief Act.

 In another case titled as S.M.Shafi Ahmad Zaidi through Legal Heirs Vs. Malik Hassan Ali Khan (Moin) through Legal Heirs (2002 SCMR 338), the Hon‟ble Supreme Court of Pakistan has observed that incompetent suit shall be buried at its inception for the saved with the time and unnecessary expenses and the Courts get more time to devote it for the genuine causes and held as under:-

“17. Provisional transfer order does not, ipso facto, confer absolute title over the property. Admittedly, this case is not governed by section 9 of the Specific Relief Act. Without clear title the suit for possession could not be filed. The Government gave the land to the Society and the latter surrendered it back to the former. The predecessor-in-interest of the petitioners had no independent right. His right, if any, was through the Society, and it ceased to exist before it became perfect and enforceable in law. It is the requirement of law that incompetent suit shall be buried at its inception. It is in the interest of the litigating parties and the judicial institution itself. The parties are saved with the time and unnecessary expenses and the Courts get more time to devote it for the genuine causes. The findings of the learned Single Judge and of Division Bench are based upon material available on record and no legal infirmity has been pointed out. Under the circumstances, the plaint was rightly rejected.”

Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Land
3263/19
2020 LHC 781