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1987 SCMR 95 Present: Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ Mrs. HALIMAN HANIF MOONN00--Petitioner Vs Mrs. ISMAT KAMAL and 2 others--Respondents Civil Petition for Leave to Appeal No. 192/11 of 1985, decided on 3rd November, 1986. (On appeal from the and order of Lahore High Court, Rawalpindi Bench, dated 11-12-1984 in R.S.A. 305 of 1967). Constitution of Pakistan (1973)-- ---Art. 185(3)--Civil Procedure Code (V of 1908), 0. I, R. 10--Specific Relief Act (I of 1877), S.54--Transfer of Property Act (IV of 1882), S.54--Suit in name of wrong person--Transfer of immovable property-­Leave to appeal granted to consider whether High Court had not refused to exercise jurisdiction so vested in it in not dismissing respondent's appeal, as not legally and properly constituted after deletion of petitioner's name, a necessary party, from amongst respondents/ defendants; whether provisions of Order I, R.10, C.P.C. S. 54 of Act (I of 1877) read with S.54 of Act (IV of 1882) were misconstrued resulting in failure of exercise of jurisdiction. A.R. Sheikh, Senior Advocate Supreme Court and Faiz Muhammad Bhatti, Advocate-on-Record for Petitioner. M. Jalal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate­-on-Record for Respondent No.1. Date of hearing: 3rd November, 1986. ORDER MIAN BURHANUDIN KHAN, J.--Petitioner seeks leave to appeal against the and order of the Lahore High Court, Rawalpindi Bench, dated 11-12-1984 passed in R.S.A. No. 305 of 1967 on the grounds whether the learned Judge, in Chamber, has not refused to exercise jurisdiction so vested in him in not dismissing the respondent's appeal as not legally and properly constituted after the deletion of the petitioner's name, a necessary party, from amongst the array of respondents /defendants; whether the provisions of Order I, Rule 10, C.P.A., section 54 of the Specific Relief Act read with section 54 of the Transfer of Property Act, have not been misconstrued and such misconstruction has resulted in failure of exercise of jurisdiction. 2.The Murree Improvement Trust, the third respondent acquired area in Murree Mills in pursuance of the provisions of section 7 of the Punjab Development of Damaged Areas…

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