Law: Civil Procedure Code (V of 1908)

Section: 1,2

Keywords: Result: Petition dismissed MIANGUL HASSAN AURANGZEB, J:- Through the instant Writ Petition, the petitioners, Mst. Basan Bi etc., have impugned the order dated 23.11.2015, passed by the Court of learned Additional District Judge-V, Islamabad, whereby, the Civil Revision Petition No.69/2015 filed by respondent No.2 against the order dated 25.06.2015 passed by the Court of learned Civil Judge 1st Class, Islamabad, was allowed. Vide the said order dated 25.06.2015, the learned Civil Court allowed the petitioners' application for restoration of the suit to the extent of respondents No.3 to 13 (hereinafter referred to as "defendants No.2 to 12") which had been dismissed under Order IX, Rule 2 of the Code of Civil Procedure, 1908 ("C.P.C."). 2. The facts relevant for the disposal of this petition are that on 29.08.2005, the petitioners (Mst. Basan Bi two others) filed a suit for declaration and permanent injunction against respondent No.2 (Muhammad Yamin) before the learned Civil Court. Through this suit, the petitioners sought a declaration to effect that they are owners in possession of land measuring 2 Kanals, 17 Marlas, being 57/237 share out of the total land measuring 11 Kanals, 17 Marlas in Khasra No.1925/2, situated in village Pind Begwal, District Islamabad. The petitioners also prayed for a decree for permanent injunction restraining the defendant in the suit from transferring the suit land to any other person(s). The respondent No.2 contested the suit by filing a written statement, wherein it was revealed that portions of the suit land had been transferred in favour of third party purchasers. This revelation prompted the petitioners to file an application under Order I, Rule 10 and Orders VI, Rule 17 read with section 151 C.P.C., praying for the suit to be amended and to implead the third party purchasers as parties to the suit. 3. Vide order dated 10.06.2009 passed by the learned Civil Court, the said application was allowed and the petitioners were permitted to amend the plaint. After availing several opportunities, the petitioners filed the amended plaint on 06.01.2010, in which the third party purchasers were impleaded as defendants (i.e.…

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