Law: Civil Procedure Code, 1908

Section: 151

JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J:- Through the instant writ petition, petitioners-LRs of original defendant namely Aziz Muhammad Khan, Fazal-ur-Rehman Wani and Mst. Saeeda Bibi impugn order dated 02.06.2022, passed by the learned Civil Judge 1st Class, Islamabad-West, whereby application under Order 1 Rule 10 read with section 151 CPC               (“the application”), filed by respondent No. 1/plaintiff namely Muhammad Rafique, was allowed and their names were struck off from the suit.    Tersely, respondent No. 1 filed a suit for specific performance of agreement-to-sell dated 04.04.2009 against Aziz Muhammad Khan Abbasi, predecessor in interest of petitioners 1 to 10, Fazal ur Rehman Wani, Mst. Saeeda Bibi petitioners 11 and 12 in respect of land measuring 484 Kanal 9 Marla, Khasra No. 709, 672, 675, 388, 392, 420, 595, 1198, 80, 851, 661, 642, 538, 130, 368, 196, 1003/2, 122, 192, 995, 1007, 165, 378, 373 and 770, situated in Mouza Dhoke Abdullah Shah Dakhli Shah Allah Ditta Tehsel and District Islamabad. Petitioners 11 and 12 Fazal ur Rehman Wani and Mst. Saeeda Bibi also filed a separate suit for declaration, cancellation and recession of the agreement to sell and perpetual injunction regarding the same subject matter. Both the suits were consolidated vide order dated 31.10.2021, consolidated issues were framed and the proceedings are being conducted in the suit filed by the respondent No. 1 Muhammad Rafique wherein the evidence of the latter has since been concluded and the case is at the stage of evidence of the defendants/petitioners when, according to the petitioners, after lapse of 13 years, the respondent No. 1 filed the application which was contested by the petitioners by filing a written reply and the learned trial Court after hearing the parties allowed the application vide order dated 02.06.2022, being impugned through the instant writ petition.    The learned counsel for the petitioner vehemently questioned the impugned order being against the law and the facts of the case, it being against the principle of natural justice and is a…