1. ' Mst. Jammati, respondent No,1 herein, had filed a suit, being Suit No,521/1989, in the Court of IIIrd Senior Civil Judge, Karachi (West) impleading the two applicants and respondents 2 and 3 herein as the defendants. She had filed the suit for declaration and permanent injunction claiming inheritance of certain properties from her maternal-grandfather, Kaloo. The two applicants herein filed their written statements denying the averments made in the plaint and also raised certain legal pleas. The applicant in addition to filing their written statement filed ann application under Order 7, Rule 11, C.P.C. For rejection of the plaint on the ground of legal pleas raised by them through their written statements. This application was dismissed by the trial Court on 16-10-1989. The applicants then filed a Revision Petition against the rejection of their application under Order 7, Rule 11, C.P.C. In the Court of District Judge, Karachi (West). Their revision application was ultimately decided by the IInd Additional District Judge, Karachi (West), wherein by consent of parties he passed an order on 9th April, 1990, directing the trial Court to dispose of the suit within a period of 4 months.The respondent No,1 and three others had earlier filed another suit being Civil Suit No, 1359/1988 in the Court of 1st Senior Civil Judge, Karachi irnpleading both the applicants and respondents Nos,2 and 3 as defendants in that suit. The suit was filed for grant of injunction in respect of the property which she claimed to have inherited from her maternal-grandfather. In that suit too an application under Order 7, Rule 11, C.P.C. Was filed by her. The trial Judge by its order passed on 24-8-1989 rejected the plaint.
2. ' In view of above the suit filed by respondent No,1, being Suit No,521/1989 remained in the field and was taken up for hearing on 2-5-1990 and was adjourned from time to time for recording of evidence. The suit was being adjourned at the request of respondent No,1 and ultimately a last chance was given and suit was adjourned to 15-8-1990. On 15-8-1990, the trial Judge dismissed the suit under Order 17, Rule 3, C.P.C. It was followed by decree dated 20-8-1990.
3. ' The respondent No,1 being aggrieved by the judgment and decree passed by the trial Court on 15- 8-1990 and 20-8-1990 respectively filed an appeal in the Court of District Judge, Karachi (West), and her appeal was registered as Civil Appeal No,50/1990. This appeal was taken up for hearing by the IInd Additional District Judge, Karachi (West), who by his judgment passed on 3-2-1991 set aside the judgment and decree impugned therein and allowed the appeal. He remanded the suit for trial to the lower Court to decide the suit in accordance with law on merits.
4. ' It is against the judgment passed on 3rd February, 1991, by the IInd Additional District Judge, Karachi (West), that this application under section 115, C.P.C. Has been filed.
5. ' Mr. Mehar Hussain A. Mesawa, Advocate for the applicant, mainly contended that the judgment passed by the trial Court dismissing the suit on merits in terms of Order 17, Rule 3 was a valid order as respondent No,1 in spite of a number of hearings failed to produce evidence. Reliance was placed by him on the case of Ali Muhammad v. Dawood and 2 others published in 1986 Civil Law Cases 658.
6. ' A pre-admission notice was ordered to be issued to respondent and Ramzan son of respondent No,1, Mst. Jamaati, appeared on her behalf.
7. ' The facts mentioned in the case relied on by the Advocate for the applicant are materially different from the facts of the present case.
8. ' The Appellate Judge as is apparent from the judgment has carefully examined the facts of the suit and applied the law correctly and no ground was shown to exist to enable this Court to exercise revisional jurisdiction under section 115, C.P.C.
9. ' I had, for the foregoing reasons, dismissed the Revision Application in limine with direction to the Trial Judge to record evidence and proceed with the suit and decide it within a period of 3 months.