Before Muhammad Jan, J.
KARIM BAKHSH – Defendant-Appellant
QADIR BAKHSH and others – Defendants-Respondents
Second Appeal No. 174 of 1948, decided on 2nd February 1950, from the decree of District Judge, Multan, dated the 3rd May 1948, affirming that of the Subordinate Judge, First Class, Multan dated the 27th November 1946.
(a) Punjab Land Revenue Act (XVII of 1887), S. 1578 (17) – Minor’s suit in Civil Court – Seeking declaration as to joint ownership of land with defendants – Also that private partition effected in his minority was void and not binding on him – Question of title involved – Suit competent.
(b) Civil Procedure Code (V of 1908), O. XLI, R. 31 – Grounds of appeal – Abandoned by Council at hearing – Appellate judgment need not deal with such grounds.
It frequently happens that many grounds, which have no force at all, are entered in the memorandum of appeal. If the appellant or his Counsel, realizing the weakness of such grounds, abandons them at the hearing of the appeal, it is not necessary for the Court to waste time in dealing with futilities. [p. 146].
A. I. R. 1933 Lah. 570. 102 I. C. 841 referred to.
Iftikhar-ud-Din Ahmad, for Appellant.
Shamim Hussain Qadri, for Respondent.