| Citation(s) |
|---|
| 2013 SLG 2872 2013 SLD 2872 2013 YLR 2457 |
Lahore High Court
Civil Revisions Nos. 978 and 1655 of 2002, decided on 24thMay, 2013. DATE of hearing: 26th April, 2013
SHUJAAT ALI KHAN, J
Malik Abdul Wahid for Petitioner (in Civil Revision No. 1978 of 2002). Mian Maqsood Ahmad for Petitioner (in Civil Revision No. 1655 of 2002). Mian Maqsood Ahmad for legal heirs of
Respondent No. 1 (in Civil Revision No. 978 of 2002). Ejaz Feroaz for Resp
Civil Revisions Nos. 978 and 1655 of 2002, decided on 24thMay, 2013. DATE of hearing: 26th April, 2013
SHUJAAT ALI KHAN, J
Malik Abdul Wahid for Petitioner (in Civil Revision No. 1978 of 2002). Mian Maqsood Ahmad for Petitioner (in Civil Revision No. 1655 of 2002). Mian Maqsood Ahmad for legal heirs of
Respondent No. 1 (in Civil Revision No. 978 of 2002). Ejaz Feroaz for Resp
ZAHID JAVEDVsHaji ABDUL SATTAR through Legal heirs and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----Ss. 96, 100 & O. XXIII, R. 1---Withdrawal of suit at any stage including appellate stage---Condition precedent for allowing such withdrawal stated. According to Order XXIII, Rule 1, C.P.C., the plaintiff of a suit has the option to withdraw his claim as a whole or to relinquish any part thereof at any stage including appellate stage. The condition precedent for such withdrawal is the satisfaction of the court as to whether such withdrawal would not prejudice any right accrued in favour of any party during proceedings in the said suit. (b) Civil Procedure Code (V of 1908)--- ----O. XX, Rule 18, O. XXI, Rr. 77, 89, 90 & 92---Partition suit---Sale of property by court through auction---Failure of some co-sharers to challenge such order of sale---Effect---Court could set aside such sale, if property owners challenged same within stipulated period and showed commission of glaring illegalities and irregularities during auction---Such order of sale for not being challenged by such co-sharers had attained finality to their extent and could not be challenged by them at any subsequent stage due to having acquiesced therewith. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 18 & O. XXI, Rr. 77, 89 to 92---Partition suit---Sale of property by court through auction---Sale of property in favour of auction purchaser objected to by a person having in his favour earlier agreement to sell by debtor---Validity---Auction purchaser would be bound by such agreement, if he had notice thereof before participating in auction proceedings---Such person could not challenge sale in favour of auction purchaser prior to determination of validity of such agreement by competent court. Province of Punjab through Collector Sargodha v. Muhammad Bakhsh and another 2012 SCMR 664; Malik Shahid Mehmood v. Malik Afzal Mehmood and others 2011 SCMR 551; Muhammad Saleem and another v. General Manager (Operation) Pakistan Railways Headquarter, Lahore and others 2009 SCMR 339; Sahib Dad v. Province of Punjab and others 2009 SCMR 385; S.M. Sohail v. Mst. Sitara Kabir ud Din and others PLD 2009 SC 397; Mst. Sabiran Bibi and others v. Ahmed Khan…
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