Case Details

Citation(s)
2016 SLG 2635 2016 SLD 2635 2016 MLD 1963
Islamabad High Court

ATHAR MINALLAH, JUSTICE
S. Naeem Bokhari, Muhammad Afzal Siddiqui, Jawad Hassan and Omer Azad for Petitioners. Sana Ullah Zahid, Sajid Mehmood Shad, Ali Raza Kabir, Aijaz Ahmed Chadhar, Daniyal Chadhar and Ch. Riasat Ali Gondal for their respective
Respondents.

SADRUDDIN HASHWANI

VS

. MASCO CONSTRUCTION (PVT.) LTD. AND others

Law:

Section:

Specific Relief Act (I of 1877)--------- ---------- S. 12--------- Civil Procedure Code (V of 1908), O. I, R. 10--------- Suit for specific performance--------- Necessary party, impleading of--------- Three separate suits pertaining to same property were filed by different persons and petitioner was plaintiff in one of such suits--------- Application filed by petitioner to be impleaded as party to remaining suits was dismissed by Trial Court--------- Validity--------- Petitioner denied that respondents had executed agreements to sell with other two claimants--------- Petitioner claimed that he had paid a considerable amount as sale consideration--------- Interest of petitioner in two suits filed by other two claimants of property was prima facie obvious--------- Whether such interest in context of pending suits had any relevance or not was to be determined by Trial Court--------- While deciding applications filed under O. I, R. 10, C.P.C., Trial Court did not take into consideration settled principles and law--------- High Court directed that petitioner should be impleaded as defendant and his application under O. I, R. 10, C.P.C. was allowed--------- Revision was allowed under circumstances. Central Government and others v. Suleman Khan and others PLD 1992 SC 590; Rauf B. Qadri v. State Bank of Pakistan and another PLD 2002 SC 1111 and Said Alam and another v. Raja Sohrab Khan and 8 others 1970 SCMR 639 rel. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, JUSTICE:--------- Through this judgment I shall decide the instant Civil Revision as well as C.R. No.317 of 2014, re: "Sadruddin Hashwani v. Mian Javed A. Zia, and others". The Civil Revisions are directed against orders dated 11-10-2014 respectively, whereby the learned trial Court dismissed the applications filed under Order I, Rule 10 of the Civil Procedure Code, 1908 (hereinafter referred to as the "C.P.C.") in the respective suits. 2. The facts, in brief, are that the dispute relates to a plot of land measuring 20000 sq. yards situated in the Diplomatic Enclave, Islamabad (hereinafter referred as the "Property"). The Property was allotted to H.E.Sheikh Sabah Al-Ahmed Al-Jabbar Al-Sabbah by the Capital…
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