P L D 2021 Lahore 533
Specific Relief Act (I of 1877)---
----S. 39---Civil Procedure Code (V of 1908), S. 12(2)---Suit for cancellation of inheritance mutation---Bar to further suit---Framing of issues---Recording of evidence---Scope---Original owner of suit property (respondent) filed suit for cancellation of inheritance mutation claiming therein that she was shown to be dead by practicing mis-representation---Civil Court decreed the suit---Respondent subsequently transferred the suit property to the beneficiaries---Petitioner filed application under S.12(2), C.P.C. contending therein that she had purchased the suit property from legal heirs of the respondent---Bank, in whose favour the petitioner had mortgaged the suit property, also filed application under S.12(2), C.P.C.---Petitioner's application was concurrently dismissed by the courts below---Validity---One party claimed that the respondent passed away in the year 1985 or prior thereto and thereby the inheritance mutation along with various registered instruments were not only attested, rather money decree by Banking Court was passed as well, whereas in contra, the other/rival party asserted that the respondent after getting the consent decree from the Civil Court in her favour and transferring the suit property to beneficiaries as well, subsequently departed in the year 2003---Real controversy inter se both set of the parties could not be resolved until and unless the date of death of respondent was determined through proper/due trial---Issue of limitation in the lis was a mixed question of law and fact which could not be determined without conducting the trial---Constitutional petition was allowed, impugned order was set aside and the trial court was directed to decide the application filed by petitioner and the Bank jointly.
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