Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioners, in the present case, had acquired right and interest in the land vide gift mutation and in a suit in respect of said land, petitioners were not impleaded as party---Petitioners, after dismissal of their. application for impleading as party, approached the Civil Court through application under S. 12(2), C.P.C. in which they had succeeded---Revisional Court, however reversed the of the Trial Court on untenable premises and grounds overlooking the findings of Trial Court, that decree passed in the suit was not' a valid decree---Validity---Suit, in circumstances, warranted to be tried after affording opportunity of hearing to petitioners in view of their asserted right---View of the revisional Court that it was not necessary to implead the petitioners as party to the suit as same was neither consistent with law nor was supportable on facts particularly when the petitioners were not impleaded in the suit as party---Validity---If a person was adversely affected by an order or of a Court or Tribunal rendered in a proceeding to which he was not a party he could file an application under S.12(2), C.P.C.---Application of petitioners under S.12(2), C.P.C. being competent in law, High Court declaring the of revisional Court as unsustainable in law and of no legal effect, restored the of the Trial Court, result whereof would be that the suit in respect of the land would be tried by the Trial Court after impleading the petitioners as party therein in accordance with law. Ch.. Jalal Din v. Mst. Asghari Begum and others 1984 SCMR 586; Ghulam Muhammad v. M. Ahmad Khan and 6 others 1993 SCMR 662 and Khawaja Muhammad Yousaf v. Federal Government through Ministry of Kashmir Affairs and others 1999 SCMR 1516 ref. JUDGMENT SYED ZAHID HUSSAIN, J.---Judgment of the learned District Judge, Faisalabad dated 24-11-1999 whereby the revision petition filed by respondents Nos. 2 and 4 was accepted has been assailed through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The background in which this litigation…

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