Law:

Section:

Civil Procedure Code (V of 1908)-------0. I, R.10---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3---Criminal Procedure Code (V of 1898), S.145--­Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Suit relating to property in question filed on the direction of criminal Court wherein proceedings under S:145, Criminal Procedure Code, 1898 were pending--­Government of Frontier Province and Municipal Committee also claimed ownership of property in question and they were directed to be impleaded--­Petitioner claiming that property in question had been transferred to him through P.T.D. and P.T.O. also applied to be impleaded in suit---Meanwhile petitioner's P.T.D. and P.T.O. were cancelled and he was not impleaded as a party---Petitioner's revision petition against Trial - Court's order was dismissed---Validity---High Court in exercise of its discretion having refused to implead petitioner as party to suit its such order was not open to interference by Supreme Court on facts and circumstances of the case when direction has been given to petitioner by High Court to file independent suit for declaration of his title and to challenge the order passed on his back regarding cancellation of his P.T.O. and P.T.D. issued in his favour, so that such question could be elaborately dealt with in petitioner's independent suit---Observation made by Courts below in orders rejecting petitioner's application for impleading him would have no bearing on merits of his case in the suit if filed and same would be ignored by Courts while giving decision regarding his title to property in question---Petitioner's apprehension about multiplicity of suits could be resolved, if so advised, by moving application before Trial Court for consolidation of both suits and their joint disposal on merits---Leave to appeal was refused in circumstances. ORDER FAZAL ILAHI KHAN, J.--The suit property constituting a Serail hearing No.768/L-1 situated outside Phori Gate Bannu City was ensued before the learned Senior Civil Judge, Bannu (Suit No.659/1). Both the parties claimed to be its owner which had led to the proceedings under section 145, Cr.P.C.…

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