The case of the petitioners/defendants was that .The question as to whether Mst. Mehran was sister of Fateh Din or not had already been decided in the previous round of litigation in which an appeal is pending before the Supreme Court. Their prayer before the trial Court through application under Order 7, Rule 11, C.P.C, was that since in the previous round of litigation it had been decided that Mst.
Mehran was sister of Fateh Din therefore in the present suit the respondent/plaintiff who is son of Muhammad Sharif (Muhammad Sharif being party in the previous round of litigation) could not claim a declaration as prayed for that Mst. Mehran was not the sister of Fateh Din.
2. The trial Court has observed (that the question whether the present suit is liable to be stayed under sections 10 and 11, C.P.C. Could be decided after framing issue. The view taken by the trial Court does not suffer from any illegality.
3. The petitioner shall file written statement. In case any objection is raised in the written statement about the stay of the suit on the ground that sections 10 and 11 C.P.C. Were applicable, the trial Court shall frame preliminary issue on the said point before framing any other issue on merits and after affording opportunity to both the parties the same shall be decided in the first instance.
4. With these observations, the revision petition is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.