Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908) S. 12(2)---Suit for declaration of title was decreed by Trial Court---Plaintiff assailed order of Appellate Court whereby the application of the respondents under S.12(2), C.P.C. was allowed, and case was remanded with the direction to the Trial Court to implead the respondents asdefendants in the suit---Plaintiff contended that the respondents had purchased suit property during pendency of the suit and therefore, principle of lis pendens would be applicable---Validity----Respondents, under law, would step into the shoes of their transferors, who were party to the suit and were entitled to at least defend the suit to the extent of the rights of their transferors---Order of Appellate Court could not be interfered with---Revision was dismissed. Mubarak Ali v. Fazal Muhammad and another PLD 1995 SC 564; Sardar Muhammad Ayub v. Pakistan through Secretary Ministry of Resttlement and Rehabilitation, Rawalpindi and others 1969 SCMR 96(2); Sh. Muhammad Anwar v. Ch. Sultan Muhammad Khan and another 1974 SCMR 371 and Mst. Zainab and others v. Fazal Dad and others PLD 1966 (W.P.) Lah. 1050 ref. (b) Administration of justice--- ----When an order was challenged on the basis of lack of jurisdiction, such technicality could not come in the way of fostering justice. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision the petitioner has challenged the order dated 18-5-2011 passed by the District Judge, Mandi Bahauddin whereby the application under section 12(2), C.P.C. filed by respondents Nos.1 and 2 was accepted and set aside ex-parte judgment and decree dated 30-6-2008 passed by the learned Senior Civil Judge, Mandi Bahaduddin and judgment and decree dated 24-3-2009 passed by the District Judge Mandi Bahauddin and the case was remanded back to the learned trial court with a direction to implead both the applicants as defendants in the declaratory suit filed by the petitioner-plaintiff and proceed with the case. 2. Brief facts of the case are that the petitioner filed a suit for declaration on 20-10-1998 that he is owner of the suit property measuring 3…

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