IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2001

Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik Allah Ditta,
caste Baloch, R/o H. No. 2513, Ward No. 9-M, Gujjar Khadda, near
Jame Masjid Teen Sazan, Multan.
Petitioner
VERSUS
1. Mst. Umme Khair widow
2. Qari Abdul Majeed
3. Abdul Khabir
4. Faiz Ahmad
5. Abdul Shakoor
6. Abdus Samee sons
7. Abdus Salam
8. Abdul Mannan minor
through respondent No. 3.
9. Abdus Sattar (deceased)
9(a) Shodi Bibi widow
9(b) Abdul Tawwab
9(c) Abu Bakar minor sons Hafiz
9(d) Shams-un-Nisa Abdus Sattar Muhammad
9(e) Zeb-un-Nisa daughters Ramzan,
9(f) Rizwana caste Baloch
9(g) Lucky minor
9(c) & 9(g) through real mother resp. No. 9(a).
10.Mst. Shehzadi
11.Mst. Jamila Begum
12.Mst. Fakhar-un-Nisa
13.Mst. Abida Parveen Daughters
14.Mst. Zahida Parveen minors
15.Mst. Naz Parveen through
16.Mst. Tehmina Bibi Abdul Khabir
Resp. No. 3.
All residents of H. No. 2512/A, Altamash Road, Gujjar Khadda,
Multan.
Respondents
 Writ Petition under Article 199 of
the Constitution of Islamic
Republic of Pakistan, 1973.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That a suit for declaration regarding property No. 2513, Ward No.
9-M, Al-Tamash Road, Gujjar Khadda, Multan, titled
“Muhammad Ramzan Vs. Zenab Bibi” was filed on 26.4.82 by
the predecessor of the respondents namely Hafiz Muhammad
Ramzan against the predecessor of the petitioner namely Mst.
Zenab Bibi. During the course of proceedings of this suit, the
case was consigned on the statement of plaintiff (Muhammad
Ramzan) on 8.5.83 vide order dated 8.5.83 as well. Copies of the
plaint, statement of plaintiff and order are annexed as Annexes
“A & B”.

3. That after the lapse of about 2-1/2 years, the respondent filed an
application U/s 12 (2) C.P.C. against the order dated 8.5.83. This
application was resisted and vehemently contested by the Mst.
Zenab Bibi, the mother of present petitioner. Reply of this
application was filed on 19.12.85. Eleven issues were framed on
the controversies alleged by the parties in the course of their
pleading. Copies of application U/s 12 (2) C.P.C., amended
petitions as well as, reply and issues are Annexes “C, D & E”.

4. That the parties produced their evidence in support of their

version. The applicant Muhammad Ramzan appeared as AW-1
and produced Muhammad Basheer as AW-2 and Muhammad
Ramzan son of Haji Muhammad Din as AW3. In support of their
contention, they tendered Ex. A/1 to Ex. A/3. On the other hand,
Mst. Zenab Bibi, the mother of the present petitioner appeared as
RW-1. The learned trial court dismissed the application vide
 order dated 25.6.96. Copies of evidence and order are Annexes
“F & G” respectively.

5. That the respondents filed a Revision Petition against the order

dated 25.6.96 passed by trial court on 21.9.96, and this Revision
Petition was accepted by the learned Additional District Judge,
Multan, vide judgement dated 16.11.2000. Copies of the Revision
Petition and judgment are Annexes “H & J”.

6. That the impugned judgment dated 16.11.2000 is liable to be set

aside inter alia on the following: -

GROUNDS

i) That the impugned judgment is against the norms of

natural justice and law of Equity.

ii) That the impugned judgement is against the prevailing

law and principles of justice.

iii) That the learned Appellate Court did not apply

independent mind and relied upon its own knowledge
which is not permissible under the law.

iv) That the learned Appellate Court did not decide the case
issue-wise and gave the impugned finding in a narrative
form, which is not admissible under the law.

v) That the learned Appellate Court neither discussed the

evidence of the parties nor quoted the arguments and in
the absence of both the material facts, the impugned
finding could not be treated as judgment.

vi) That the learned Appellate Court did not indicate any
mis-reading or non-reading of evidence.

vii) That the learned Appellate Court did not indicate any
material irregularity committed by the learned Trial
Court.

viii) That the learned Appellate Court commenced upon the

irrelevant matters which were not the subject matter
before the court.
 ix) That the learned Appellate Court tried to give undue
benefit to the other party by making definite findings in
non-judicial manners.

x) That the learned Appellate Court did not consider the

document Ex. A-3 as a whole, in its true sense
according to letter and spirit of the said document.

xi) That the impugned judgment has caused a great

miscarriage of justice to the petitioner.

7. That the petitioner has no other adequate, efficacious and

speedy remedy under the law except to invoke the
Constitutional jurisdiction of this Hon’ble Court.

Keeping in view the above-mentioned facts, it is

respectfully prayed that the impugned judgment dated
16.11.2000 passed by learned Additional District Judge
be set aside by upholding the order dated 26.6.96
passed by the learned Civil Judge, Multan.
Any other writ, order, direction or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioners to meet the ends of justice.

Humble Petitioner,

Dated: ___________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

AFFIDAVIT of: -
Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik
Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No.
9-M, Gujjar Khadda, near Jame Masjid Teen Sazan,
Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned petition are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of April 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth:-
That certified copies of Annexures “A to J” are not
available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copies
of documents.
APPLICANT

Dated: __________

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik
Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No.
9-M, Gujjar Khadda, near Jame Masjid Teen Sazan,
Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of April 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.
DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Copies of the plaint, statement of plaintiff A & B
and order.
6 Copies of application U/s 12 (2) C.P.C., C, D & E
amended petitions as well as, reply and
issues.
7 Copies of evidence and order. F&G
8 Copies of the Revision Petition and H&J
judgment.
9 Application U/s 151 C.P.C.
10 Affidavit.
11 Application U/O 32, Rule 1 C.P.C.
12 Affidavit.
13 Application U/O 32, Rule 1 C.P.C.
14 Affidavit.
15 Vakalatnama

PETITIONER,
Dated: ____________
Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

APPLICATION U/S 151 C.P.C.

Respectfully Sheweth: -
1. That the contents of main petition may please be treated as part
and parcel of this application.

2. That the respondents are adamant to misappropriate the ancestral

property of the applicant.

3. That the ejectment application of the predecessor of the

respondents was dismissed. Again the plea was raised through the
suit of possession to dispossess the applicant. When there was no
way then, the petition under section 12 (2) C.P.C. and the
Revision Petition was filed to deprive the applicant from the suit
property.

4. That the plea of compromise was also after thought and having no
value in the eyes of law.
5. That the suit in lower court is in progress and on the basis of
forged documents, the respondents are again trying to complete
their evil designs.

6. That the proceeding in the lower court may cause a great

miscarriage of justice to the applicant.

It is, therefore, humbly prayed that till the

decision of the main petition, the proceedings in the
lower court may please be stayed.
Any other relief, which this Hon’ble Court deems
fit, may please be granted to the applicant.
Humble Applicant,
Dated: ________
(Mst. Safia Bibi)

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

APPLICATION U/O 32, RULE 1 C.P.C.

AFFIDAVIT of: -
Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik
Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No.
9-M, Gujjar Khadda, near Jame Masjid Teen Sazan,
Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2001 that the contents of this affidavit are
 true & correct to the best of my knowledge and
belief.
DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Mst. Safia Bibi Vs. Mst. Umme Khair etc.

APPLICATION U/O 32, RULE 1 C.P.C.

Respectfully Sheweth: -
1. That the contents of main petition may please be treated as part
and parcel of this application.
2. That Mst. Shodi Bibi {respondent No. 9(a)} is the real mother of
respondents No. 9(c) & 9(g) and also residing with them.
3. That the minors are being sued through the respondent No. 9(a) as
no benefit of minors is in collusion with respondent No. 9(a).
4. That the respondents No. 9(c) and 9(g) are unable to defend in the
titled case, thus, it is necessary to appoint the guardian ad litum.
It is, therefore, respectfully prayed that the
respondent No. 9(a) may please be appointed as
guardian ad litum to defend the lis in the interest of
justice.
Humble Applicant
Dated: ________
Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176