Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   ---O.I, R.3 O.XXIII, R.3--Constitution of Pakistan (1973), Art. 185(3)--Non-joinder of necessary party--Consent decree--Effect of--Petitioners suit for amendment of sale-deed made in favour of respondent--Property in dispute already stood sold by said respondent to, and other respondent for valuable consideration--Other respondent though a necessary party, not arrayed as defendant--Consent decree passed in the suit, held, could not bind other respondent--After sale in favour of other respondent said respondent had no right to concede the ownership rights of petitioner--Leave to appeal refused. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench Rawalpindi, dated 27-9-1987. 2. Residential property bearing No. X-171, X-172, situate in Ratta Amral, Rawalpindi City, belonged to Khuda Bakhsh, the father of the petitioner and respondent No.2. On his death the property was inherited by his heirs and on division 2/3rd share in the aforesaid property, i.e., X-171 and X-172, fell to the share of the petitioner whereas the remaining 1/3rd share was allotted to Abdul Razzaq respondent No.2. By a registered sale-deed dated . 19-11-1975 the petitioner transferred her 2/3rd share in the aforesaid property to respondent No.2 who vide sale-deed dated 28-2-1979 sold the same to Mst.Aishs Bibi respondent No.1 for a valuable consideration. The petitioner then challenged…

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