Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.12(2),141

Constitution of Pakistan, 1973-- ----Art. 199--Civil Procedure Code, 1908, S. 12(2)--Application for necessary party--Rejected--Civil Revision--Accepted and case was remanded--Challenge to--Maintainability--It is a settled law enunciated by august Supreme Court of Pakistan as well as this Court and other High Courts that it would not be appropriate to exercise jurisdiction under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 to interfere with a remand order as a writ lies against final adjudication and remand order does not finally decide lis, rather Court decided case earlier has to re-decide it. 2007 CLC 768, 2009 CLC 860 and 1986 SCMR 251, ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE---.--- Through this writ petition following prayer has been made:-- "It is, therefore, most respectfully prayed that the writ petition may kindly be accepted and impugned order dated 17.05.2011 passed learned District Judge, Khushab may kindly be set aside and order dated 24.11.2010 passed by learned Civil Judge, Khushab may kindly be upheld in the supreme interest of justice. It is further prayed till the final decision of the writ petition the operation of the impugned order dated 17.05.2011 passed by District Judge Khushab may kindly be suspended and proceeding before learned trial Court may kindly be stayed in the supreme interest of justice." 2. I have heard the learned counsel for the parties at length and also gone through the record. 3. Learned counsel for the respondent has raised three objections. One is that all the parties before the learned trial Court have not been made party in the instant writ petition, as such, writ petition is defective one. Second is that Order VII Rule 11 of the CPC is not applicable for rejection of application under Section 12(2) of the CPC and lastly, against a remand order writ petition is not competent. 4. The respondent Mst. Saban filed an application under Section 12(2) of the CPC on 30.11.2009 to challenge the judgment and decree dated 13.02.1989 passed by Syed Tahir Hussain Kazmi learned Civil Judge Khushab, on the basis of grounds mentioned in the application under Section 12(2) of the CPC. The…

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