'KHADIM HUSSAIN M. SHAIKH, J.---Through this civil Revision Application under section 115 of Civil Procedure Code, applicants Ghulam Sarwar and Mst. Inayat Khatoon have called in question orders dated 23-6-2007, whereby their applications under section 151 of Civil Procedure Code were dismissed by the learned Court of District Judge, Larkana in Civil Appeal No,22 of 2006, re: Mst.
Aisha and others v. Nazir Ahmed and others.
2. Facts giving rise to the present Civil Revision Application are that the plaintiffs/respondents Nos.1 to 6 had filed suit being F.C. Suit No,24 of 2002 re: Mst. Aisha and others v. Nazir Ahmed and 17 others in the Court of learned Ist Senior Civil Judge, Larkana for declaration and permanent injunction. The defendants Nos.1 to 16 filed their written statement and contested the case, and whereas the defendants Nos.17 and 18 were made ex parte.
3. On 3-10-2002 the defendants Nos.12, 13, 14 and 15/respondents Nos.16, 17, 18 and 19 had also filed suit being F.C. Suit No,138 of 2002, re: Tarique Ali and 3 others v. Mst. Aisha and 5 others in the learned Court of 1st Senior Civil Judge, Larkana for declaration, possession, compensation and permanent injunction. The defendants filed their written statement.
4. Record reveals that both the above suits were amalgamated and in view of the divergent pleadings of the parties, eight consolidated issues were framed.
5. After the parties led evidence for and against their respective pleadings and claims both the suits were decided by the learned Court of 1st Senior Civil Judge, Larkana by a common judgment and decree dated 12-9-2006 whereby F.C. Suit No,24 of 2002 re: Mst. Aisha and others v. Nazir Ahmad and others was dismissed and whereas F.C. Suit No,138 of 2002 re: Tariq and others v. Mst.
Aisha and others A was decreed. Against the judgment and decree dated 12-9-2006 two appeals being Civil Appeal No,22 of 2006 re: Mst. Aisha v. Nazir Ahmed and others and Civil Appeal No,23 of 2006 re: Mst. Aisha and others v. Tarique and others were filed, before the learned Court of District Judge, Larkana. Pending disposal of the appeal No,22 of 2006 the present applicants filed two separate applications under section 151 of Civil Procedure Code in the said Court praying therein that the case be remanded to the trial Court and they may be allowed to file their separate written statement. The learned Court of District Judge Larkana dismissed the said applications vide orders dated 23-6-2007. Hence this Revision Application.
6. Learned Advocate for the applicants has mainly contended that the applicants were not given opportunity to file their separate written statement and he prays that the case may be remanded to the learned trial Court for decision afresh after allowing the applicants to file-their separate written statement.
7. Mr. Irshad Ali Chandio, learned Advocate for respondents Nos.1 to 6, concedes to the remand of the case to the learned Trial Court.
8. I have considered the arguments of the counsel for the parties and have gone through the material placed before the Court. I find that the applicants are already arrayed as respondents Nos.3 and 10 in Civil Appeal No,22 of 2006 which is fixed for hearing before the learned Court of District Judge, Larkana.
9. The appeal is continuity of the original lis and once the appeal is admitted the entire matter is re-opened on facts and law. Thus on admission of Appeal No,22 of 2006 the learned Court of District Judge, Larkana has seizing of the whole case.