Law:

Section:

Civil Procedure Code (V of 1908)------O. VI, R.1---Pleadings---Plaintiff could not maintain suit against one of defendants against whom neither a case was set up in plaint nor did ask for any relief---Illustration. Sh. Naveed Shahryar, Advocate Supreme Court for Appellant. Shahid Mobeen, Additional A.G. for Respondents Nos.1 and 2. Sarfraz Hussain, Advocate Supreme Court for Respondent No.3. ORDER MIAN SAQIB NISAR, J.---The land in question was acquired. It is the case of the appellant that he was owner of the suit land along with the building existing thereupon which before the acquisition was purchased from Munir Ahmed respondent/defendant No.3. He has only been compensated for the superstructure. In the suit filed by him primarily against the Province of Punjab and Land Acquisition Collector, it was claimed that on the receipt of the development charges, he may be allowed to retain the suit land (underneath the structure) and that respondents (land acquisition collector) may be directed to receive back the compensation paid towards the superstructure. In this case Munir Ahmed from whom the appellant states to have purchased the plot was arrayed as pro forma respondent and no relief was sought against him. It may further be added that respondent No.3 in his written statement has conceded the claim of the appellant and in his statement before the Court, this also seems to be the position. 2. Be that as it may, the suit has been decreed by the trial Court. The respondents Nos.1 and 2 filed appeal against that judgment and decree which was accepted and Civil Revision filed by the appellant before the learned High Court has failed. It has been categorically held by the learned High Court that the petitioner has not been able to prove the sale of the suit land in his favour by Munir Ahmed respondent No.3, resultantly he would not be entitled to any compensation qua the land acquired or for any alternate allotment of the plot. It may not be irrelevant to mention that to our query the petitioner's counsel has not been able to establish from the present record if, a legal title has ever passed in his favour, because there is no sale deed or mutation to that effect.…

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