| Citation(s) |
|---|
| 2021 SLG 429 2021 SLD 429 2021 PLJ 255 |
Lahore High Court
C.R. No. 23821 of 2020, decided on 16.11.2020, Date of hearing: 16.11.2020.
CH. MUHAMMAD IQBAL, JUSTICE
Syed Imdad Hussain Shah, Advocate for Petitioner.
C.R. No. 23821 of 2020, decided on 16.11.2020, Date of hearing: 16.11.2020.
CH. MUHAMMAD IQBAL, JUSTICE
Syed Imdad Hussain Shah, Advocate for Petitioner.
MUHAMMAD ARSHAD
VS
MUHAMMAD ILYAS NAVEED ETC. .
Law: Civil Procedure Code (V of 1908)
Section: 96,115,10
Law: Specific Relief Act, 1877
Section: 9
Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 96, 115, O.I R. 10--Specific Relief Act, (I of 1877), S. 9--Suit for possession through pre-emption--Application for impleading a party--Dismissed--Revision petition--Dismissed--Conceding statement--Suit was decreed--Sale agreement--Bona fide purchaser--Parameters of Section 96 of C.P.C.--Challenge to No. 1 contended that he purchased suit land from Respondent No. 5, Muhammad Asif Nadeem, being bona fide purchaser, through sale mutation No. 1230 for land measuring 01 Kanal, mutation No. 1231 for land measuring 05 Kanal 06 Marla and mutation No. 1250 for land measuring 18 Kanal 03 Marla No. 1 being aggrieved party has a right to file appeal or participate in proceedings of appeal if is adversely effected by decree passed in a suit--Appellate Court, after considering parameters of Section 96, C.P.C and law laid down by Honble Supreme Court of Pakistan has rightly allowed application for leave to appeal which order does not require any I interference by this Court--Counsel for petitioner has not been able to point out any illegality or material irregularity in impugned order and has also not identified any jurisdictional defect calling for interference by this Court--Revision petition was dismissed. [Pp. 226 229] A, B, C D PLD 1969 SC 65, 1997 SCMR 171 and 2007 SCMR 882 ref. ORDER Through this civil revision, the petitioner has challenged the order dated 10.02.2020 whereby the learned Additional District Judge, Gojra accepted the application for leave to appeal filed by the Respondent No. 1 and admitted his appeal against judgment decree dated 31.07.2018 for regular hearing. 2. Brief facts of the case are that the petitioner filed a suit for possession through pre-emption against the Respondents No. 3 4, who filed contesting written statement. The learned trial Court framed issues and both the parties recorded their oral as well as documentary evidence. On 28.11.2013, the Respondent No. 1/appellant filed an application under Order I Rule 10 C.P.C, on the ground that he had purchased the suit property from Respondents No. 3 4, which was dismissed by the learned trial Court on 26.04.2015. Against the…
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