| Citation(s) |
|---|
| 1984 SLG 612 1984 SLD 612 1984 SCMR 709 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 10-R of 1984, decision dated: 21st March, 1984 (On appeal from the judgment of Peshawar High Court, Abbottabad Bench, dated 1-11-193 in Civil Revision No. 86 of 1982)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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Civil Petition for Leave to Appeal No. 10-R of 1984, decision dated: 21st March, 1984 (On appeal from the judgment of Peshawar High Court, Abbottabad Bench, dated 1-11-193 in Civil Revision No. 86 of 1982)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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Mst. KHAISTA JAN AND others
VS
. HAFIZUR-REHMAN AND others--Respondents
Law:
Section:
Constitution of Pakistan (1973)--- Art. 185(3)-Civil Procedure Code (V of 1908), O. I, r. 10--N: W. F. P. Pre-emption Act (XIV of 1950), S. 12-Pre-emption suite Imp leading of necessary party-Person purchasing suit property from plaintiff during pendency of suit-Such person filing application before trial Court for being impleaded as plaintiff to suit-Order of trial Court allowing such person to be impleaded as plaintiff to suit, held, just and fair and in accordance with dictates of principles of impleading necessary party-Judgment of High Court upholding trial Court's view, held further, unexceptionable-Petition for leave to appeal dismissed. Abdul Hakeem Khan, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Mushtaq Ali Tahar Kheli, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Respondents. Date of hearing: 21st March, 1984. . ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from a revisional order of the Peshawar High Court, dated 1-11-1983; whereby while setting aside an appellate order, the order passed by a learned Civil Judge substituting the respondents as plaintiffs in a suit was restored. The brief facts strictly relevant to the present petition stated at the Bar are that Fakhr-uz-Zaman and others plaintiffs filed a suit against Malik Amin and others. Subsequently the respondents filed an application that they having purchased the suit property during the pendency of the suit from the, plaintiffs, should be impleaded as plaintiffs. This application was allowed, under Order XXII, rule 10, C. P. C: The present petitioners filed an appeal before the District Judge which was allowed. The petitioner's plea was that they having filed…
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