The petitioner through this revision petition has prayed for setting aside of the orders of the trial Court dated 21-5-2001 by virtue of which the plaint in a suit for declaration challenging a Nikahnama to have been prepared in between Mst. Nusrat Bano and Muhammad, Sharif as forged fabricated and for its cancellation was rejected and the appeal filed by the present petitioner before the First Appellate Court was also dismissed on 19-3-2002.
2. The facts in brief are that the present petitioner who is the real father of Mst. Nusrat Bano brought a suit for declaration with the averments that his daughter Mst. Nusrat Bano was forcibly abducted by defendant No.3 Muhammad Sharif, who was on visiting terms with the members of her family and had prepared certain photographs of the daughter of the plaintiff and was threatening to marry with her. It-was further alleged that after abduction of Mst. Nusrat Bano she was taken to Al- Noor Hotel, Lahore where she was forced to sign certain blank papers while she was in illegal confinement of the defendant No.3 and other co-accused. The present petitioner/plaintiff got F.I.R.
No.95 of 1997 registered against them and during investigation of this case Muhammad Sharif produced copy of the said Nikahnama wherein it was held that the Nikahnama was forged. The criminal case is pending adjudication in a competent Court of law. The petitioner/plaintiff brought a suit for declaration that as Mst. Nusrat Bano had died and the existence of the alleged Nikah Nama is against the facts and law as it was prepared forgedly and fabricatedly, hence a declaration in this regard be issued and the Nikah Nama be cancelled and the defendant No.3 be restrained from claiming himself as husband of the deceased Mst. Nusrat Bano and the defendants Nos.1 and 2 be restrained from issuing any copy of Nikah Nama to them. The suit was contested by the defendant No.3 wherein a question arose about the rejection of the plaint and the learned Judge of the trial Court rejected the plaint. The present petitioner feeling himself aggrieved filed an appeal before the First Appellate Court from where his appeal was also dismissed. The petitioner has challenged the orders of both the Courts below through this revision petition.
3. The respondent No.1 /defendant No.3 already stands against ex parte vide this Court's order dated 8-10-2002.
4. I have heard learned counsel for the petitioner and learned counsel for respondent No.2. Learned counsel for respondent No.2 has not agitated the submissions of learned counsel for the petitioner through this revision petition. Otherwise the facts on record reveal that the present petitioner/plaintiff has a cause of action as the question of status of marriage of his daughter who is now dead is informed the petitioner has got a locus standi to get a declaration whether the Nikah was actually performed whether the Nikah Nama was prepared forgedly and fabricatedly and whether it is liable to cancellation or not. In this situation as Mst. Nusrat Bano has already died the suit for jactitation of marriage by the present petitioner before a Judge Family Court cannot be brought and the only recourse is to approach the Civil Court. Hence the present revision petition is allowed. The impugned judgments and decrees of both the Courts below are set aside and the case is remanded to the trial, Court to proceed in accordance with law. The trial Court is directed to dispose of the matter within a period of six months from the receipt of this order.