ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln No.S-20 of 2016

DATE                         ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objections.

2. For hearing of CMA No.180/2016 (S/A).

3. For hearing of main case.

16.12.2021

Mr. Ghulam Dastagir A. Shahani, Advocate for Applicant.

Mr. Shakeel Ahmed Abro, Advocate for respondent No.1.

Mr. Munawar Ali Abbasi, Assistant Advocate General.

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                        Facts in brief necessary for disposal of instant civil revision application are that a declaratory suit filed by the applicant was decreed by learned trial Court; appeal preferred against such decree was dismissed by learned appellate Court. Later-on, an application under section 12(2) CPC was filed by intervener for setting aside of such decree; it was dismissed by learned trial Court, mainly for the reason that the final decree in the field is that of appellate Court. subsequently, such application was filed before learned appellate Court; it was accepted without recording evidence; consequently, the decree(s) passed by learned trial and appellate Courts were set aside with direction to learned trial Court to proceed with the suit further, after joining the intervener as party; such order of learned appellate Court is impugned by the applicant before this Court by way of instant civil revision application.

                        At the very outset, learned counsel for the parties were fair enough to say that they would be having no objection, if learned appellate Court is directed to decide the application of the applicant under section 12(2) CPC after framing of the issues.

                        In view of above, the impugned order is set aside with direction to learned appellate Court to frame the issues on controversy involved between the parties, record evidence and then to decide the very application under section 12(2) CPC afresh, after providing fair chance of hearing to all the concerned.

                        The instant civil revision application is disposed of accordingly. 

     JUDGE