' Habibur Rehman and others have moved this application under section 12(2) of the Civil Procedure Code for setting aside the judgments and decrees of the Courts below as well as of this Court and to dismiss the suit filed by the plaintiffs-respondents.
2. The brief facts of the case are that Shah Jehan and others, plaintiff-respondents filed a declaratory suit against Habibur Rehman and others, defendants-petitioners to the effect that they are the owners of the disputed land. Also sought perpetual injunction restraining the defendants- petitioners not to interfere in their property as being owned by them. They further prayed for possession. The suit was contested by the defendants-petitioners by filing their written statement.
Evidence pro and contra was recorded and after hearing the learned counsel for the parties, the learned trial Judge vide his judgment and decree dated 21-12-1996 decreed the suit in favour of the plaintiff-respondents. Dissatisfied with the above judgment and decree of the trial Court the defendants-petitioners preferred an appeal before the Appellate Court which was also dismissed by the learned Additional District Judge, Charsadda vide his judgment and decree dated 16-11- 1998. Still aggrieved from the above judgment and decree, the defendants-petitioners filed revision petition before this Court which also met the same fate vide judgment and decree dated 23-12- 2002. Finally the defendants-petitioners filed petition for leave to appeal before the august Supreme Court of Pakistan against the judgment and decree passed by this Court which too was declined vide judgment/order dated 26-2-2003. Hence the instant petition.
3. I have heard the learned counsel for the parties and have gone through the record of the case as well as the relevant law on the subject.
4. What is intended in section 12(2) of the Civil Procedure Code is that a party must go to that Court which has finally decided the subject-matter under issue. "Final judgment, decree or order" would mean a judgment, decree or order so far as the Court rendering it is concerned, is unalterable if it is not sought to be modified, reversed, or amended by preferring an' appeal, revision or review application. It can also mean that which is no longer further alterable and which has acquired finality. It is in the latter sense that the word "final" appears to have been used in section 12(2), C.P.C. a decision can only be treated as final if it is unalterable.
5. In the instant case the trial Court has passed the judgment and decree in favour of the plaintiffs- respondents which is still in the field. The appeal, revision to this Court and petition for leave to appeal before the august Supreme Court of Pakistan also failed and borne no fruit.
6. Admittedly the judgment and decree passed by the trial Court was maintained up to the highest hierarchy of the country. The original judgment and decree was never disturbed nor reversed nor modified or altered in any manner by all the forums till last.
7. Therefore, for such-like matters application under section 12(2), C.P.C., the appropriate forum and the Court of competent jurisdiction in which initially passed the judgment and decree and which remained intact and undisturbed up to the final stage/forum.
8. I am, therefore, of the firm view that the application under section 12(2), C.P.C. Is not entertainable by this Court for the reasons that this Court had not interfered in the judgment and decree of the trial Court in its revisional jurisdiction. The application in view thereof has no merit. The guideline in this respect is streamlined in the dictum laid down in 1995 SCM R 435 and 1999 SCM R 1596.
9. Resultantly this petition under section 12(2), C.P.C. Is disposed of. The petitioner as such is better advised to invoke the jurisdiction of an appropriate forum in the light of the above observations.