Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of contract to sell immovable property---Role of attorney---Scope---In matters relating to sale and purchase of immovable property, role of an attorney had always been looked upon with suspicion and skepticism by courts and it was obligatory upon courts below to have made fuller inquiry regarding authenticity of attorney---High Court observed that it was beyond comprehension as to why a decree was necessary to be passed in haste upon statement of an attorney when attendance of original allottee could easily be procured. (b) Power of attorney--- ----Construction by court---Scope---Duty of court in construction of power of attorney granting power to concede and compromise a suit, to alienate a property and recitals to that effect contained in that power of attorney. Fida Muhammad v. Pir Muhammad Khan and others PLD 1985 SC 341; Haji Faqir Muhammad and others v. Pir Muhammad and another 1997 SCMR 1811 and Muhammad Yousuf Siddiqui v. Haji Sharif Khan through L.Rs. and others PLD 2005 SC 705 rel. (c) Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & S.12(2)---lmpleadment as party---Filing of application to be impleaded as party or its rejection did not preclude the petitioner to file an application under S.12(2), C.P.C. nor did it take away his right to pursue the remedy which was available to him under law. Eden Developers Ltd. v. NAB and others PLD 2011 Lah. 48; Dilawar Ali Khan through his legal heirs and others v. Mrs. Zohra Javed and others 1997 CLC 152; Syed Qamar Ahmad and another v. Anjum Zafar and others 1994 SCMR 65; Sher Muhammad and others v. Khawaja Mazhar 2009 YLR 1609; Sikandar Hayat and 4 others v. Master Fazal Karim PLD 1971 SC 730; Muhammad Abdullah v. Muhammad Aslam 2014 CLC 1205 and Dilawar Khan v. Mst. Badshah Zadi and another PLD 2011 Pesh. 208 ref. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:---.--- This Constitutional petition lays a challenge to the judgment dated 16.01.2007 passed by the Addl. District Judge, Lodhran as also the judgment dated 17.5.2005 passed by the Civil Judge, Lodhran. By the judgments of the courts below, an application under…

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