Law: Civil Procedure Code (V of 1908)

Section: 12(2),3

Civil Procedure Code (V of 1908)--   ---S-12(2) O.I, R.3--Joinder as defendants at revision stage-­Allegation of fraud--Claim of ownership through gift--Denied by alleged donor--Consequence of--Dispute about ownership of property-­Appellants at revision stage claimed ownership to suit property, alleged fraud and sought permission to defend the case--Such application was rejected on ground that there being a dispute between the parties with regard to property in dispute, the matter ought to be decided in separate proceeding--Order impugned--Plea raised that question of ownership of suit property having been decided by High Court in revision application, no scope was left for appellants to succeed in their claim of ownership of property by virtue of gift made by respondent in their fovour and that separate suit would be barred under S.12(2), C.P.C.--Appellant joining proceedings in High Court as interveners with a claim to have become owner through a gift made in their favour by respondent No.1 and this claim having been denied by said respondent, allegation of fraud required recording of elaborate evidence which High Court had rightly refrained to do--High Court having made it clear that impugned order will not prejudice right of the interveners, an opportunity was afforded to appellants to establish their right in a proper forum--Appeal being devoid of merit, dismissed.   JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the order of a learned Single Judge of the Sind High Court, dated 3-5-1981. 2. Haji Alamuddin plaintiff (now respondent No.1) had purchased two houses and one plot of land bearing C.S. Nos.162, 163 and 164/13, situate in Nawabshah, in the name of Muhammad Yousuf and Muhammad Farooq (sons of petitioners 1 and 2) and Abdul Hamid son of Abdul Majid, defendants 1 to 3. Subsequently some dispute arose between the parties, as a result of which Haji Alamuddin (respondent No.1) filed a suit for a declaration to the effect that he was the real beneficiary of the suit property while defendants 1 to 3 being merely benamidars had no right, title or interest in the aforesaid property. An injunction against the defendants for…

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