1. MIAN SAQIB NISAR, J.- Respondent filed a suit for recovery of Rs.10,000/- against the petitioner, claiming that he entered into an agreement to sell with him, qua the property, which was not the owned by him; had executed a document dated 17.12.1978 and had received Rs.10,000/-. This suit was contested, by the petitioner, who claimed estoppel, etc against the plaintiff. Anyhow, after framing of issues and recording of evidence, the learned Civil Judge, dismissed the suit. Against .
2. The above, the legal heirs of original plaintiff, (who at that time died), have filed an appeal and the learned Appellate Court in paragraph No; 7 of the judgment has held "plaintiff has denied the very institution of the suit by himself, it would-be futile to decide the abovesaid issue and the suit was rightly dismissed by the learned Trial Court. This appeal therefore, stands dismissed leaving the parties to bear their own cost." However, in the concluding paragraph, it is stated-that "it is clear that he intentionally and deliberately committed fraud and misappropriated the amount received by him, cheated Muhammad Islam, plaintiff and thereby committed offences u/Ss. 419. 406. 420, PPC. I would, therefore, direct the SP Sialkot, for the registration of a case under the said section with an intimation to this Court by 15.4,1999. Amount of Rs.10,000/- if recovered, in due course of law, be.
3. Refunded to the legal heirs of the deceased Muhammad Islam, who are appellants.
2. I am afraid, that after dismissal the suit, the learned Appellate Court has no power or authority in law to direct tor the registration of the case against the petitioner when the plaintiff has resiled from even haying agitated the matter or instituted the suit.
4. In the light of above, the order impugned to the extent of direction issued to the polite authority for the registration of the case, is set aside. This revision petition is accordingly allowed.