| Citation(s) |
|---|
| 2016 SLG 2171 2016 SLD 2171 2016 YLR 452 |
Lahore High Court
Writ Petition No. 10336 of 2010, decided & hearing on 29-07-2015.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Muhammad Anwar for Petitioners. M. R. Fakhar Baloch for
Respondents.
Writ Petition No. 10336 of 2010, decided & hearing on 29-07-2015.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Muhammad Anwar for Petitioners. M. R. Fakhar Baloch for
Respondents.
SHER BAZ KHAN AND others
VS
. ADDITIONAL DISTRICT JUDGE AND 3 OTHERS
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Application for setting aside ---Locus standi to file application---Concurrent orders passed by two courts below---Scope of constitutional petition---Petitioners assailed and decree passed on the basis of compromise between both the parties---Trial Court as well as Lower Appellate Court declined to set aside the consent and decree---Validity---Predecessor in interest of petitioners was alive till the year, 1997, but he neither objected to decree in question nor filed any application under S.12(2), C.P.C., during his lifetime when it was fully in his knowledge---Petitioners who are legal heirs had no locus standi to file application under S. 12(2), C.P.C.---Advocate who appeared on behalf of predecessor in interest of petitioners and got the statement recorded, was not pleaded as party to the application under S.12(2), C.P.C., filed by the petitioners---Scope of constitutional petition had become very limited in case of concurrent findings of courts below---Both the decisions of courts below were concurrently against petitioners and the same were immune from interference by High Court in its constitutional jurisdiction unless some gross illegality, irregularity, jurisdictional defect or misreading and non-reading of evidence was floating on surface but the same was not pointed out by petitioners---High Court declined to interfere in concurrent orders passed by two courts below---Petition was dismissed in circumstances. Sheikh Muhammad Sadiq v. Elahi Bakhsh and 2 others 2006 SCMR 12; Muhammad Nawaz alias Nawaz and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Khuram Shafi v. Mst. Inayat Bibi and others 2005 SCMR 766; Muhammad Saleem v. Muhammad Tariq 2009 CLC 1295; Ilahi Bakhsh v. Sheikh Muhammad Sadiq and 2 others 2005 CLC 1704; Fazal Hussain Shah through Legal Heirs and others v. Rustam through Legal Heirs 2010 YLR 297; Sardar Din v. Mst. Khatoon and others 2004 SCMR 1102; Jam Hussain Shah and others v. Additional District Judge and others 2014 YLR…
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