Law:

Section:

Civil Procedure Code (V of 1908)-------S. 12(2) & O.XXI, R. 99---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Execution of decree---Objection application--­Petitioner's application under S. 12(2), C.P.C. having not challenged decree on ground of being tainted with fraud, misrepresentation or want of jurisdiction was converted into objection petition under O.XXI, R. 99, C.P.C. and dismissed after trial---Appeal against order of dismissal too was dismissed ---Validity--­Perusal of record showed that property purchased by decree-holder had no bearing on specific Khasra which was claimed by petitioner to be in his possession---Protracted litigation having continued between petitioner's brother ( -debtor) and decree-holder and -debtor having been dispossessed in execution of decree, petitioner could not explain as to why he did not join those proceedings except that he alleged that he did not know about those proceedings---Such plea could not be accepted because being real brother of -debtor, if he was co-sharer with him, then he should have been the first person to know about such litigation---Impression could not be avoided that objection petition being ill-aimed, was instituted with the object of frustrating execution petition filed against -debtor---There being no material irregularity in findings of Courts below, no interference in extraordinary Constitutional jurisdiction was warranted. ORDER This Constitutional petition is filed by the petitioner against the respondents to challenge the order dated 24-2-1994 passed by the learned Civil Judge, Attock and the order dated 3-3-1997 passed by the learned Additional District Judge, Attock on the ground that those were based on misreading of evidence and substantially against law. 2. The brief facts leading to this writ petition are that a suit for possession was filed by Fateh Muhammad i.e., respondent No.l against Muhammad Siddique i.e., respondent No.2 regarding the disputed 'Haveli' measuring 10 Marlas on the ground that he had purchased the same through a registered sale­deed dated 15-10-1986 from Ghulam Haider for a consideration of Rs.10,000. The suit was resisted on various…

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