ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

R. A. No. S – 41 of 2010

Date of hearing

Order with signature of Judge

Hearing of cases

For hearing of main case

25.03.2019

The bailiff has submitted report that he attempted to serve the notice of this Revision Application upon the son of the applicant namely Zulfiqar Ali as his father Muhammad Soomar, the applicant, has expired. Since the applicant claims to have expired his son Zulfiqar should have informed the Court and / or should have received the notice and appeared today but he failed to respond. The plaint of the applicant was rejected under Order VII Rule 11 CPC which order was maintained by the appellate Court in Civil Appeal No.111/2009 and hence this Revision Application is against the concurrent findings of the two courts below. The suit was held to be incompetent by the two courts below. In the plaint only agreement of sale was pleaded whereas the suit was for declaration and injunction without seeking the relief of specific performance, hence, he could not have succeeded as far as declaration of title is concerned unless the specific performance was sought. Although in all fairness it ought to have been dismissed being incompetent, however, at this revisional stage I do not see any reason to interfere in the judgments of two courts below. Dismissed.

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J U D G E

N.M.