Law:

Section:

Civil Procedure Code (V of 1908)-- ----0. I, R.10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Suit for declaration and injunction ---Intervenor--Entitlement---Person claiming to be in possession of land in question and seeking ownership rights thereto,. was added as party to suit at his request--Validity ---Impleading of intervenor as party to suit was motivated to avoid multiplicity of proceedings---Impugned order, however, neither suffered from any infirmity or perversity nor could be taken to be fanciful, perfunctory or laconic in any way---Order in question, was not sought to suffer from any lacuna, which might have effect of rendering the same to be without lawful authority and of no legal effect---Not a single error, liable to be corrected through judicial review had been pointed out---Finding of fact embracing and encompassing all aspects was neither exceptionable nor challengeable before High Court in Constitutional petition---Constitutional petition was not maintainable in circumstances. Tariq Mahmood v. Muhammad Saleem Qureshi, Additional District Judge, Rawalpindi and 6 others 1992 CLC 1432; Pakistan Banking Council and another v. Ali Muhammad Naqvi and others 1985 SCMR 714; Ahmad Din v. Muhammad Bashir and 6 others NLR 1992 Civil 250 and Altaf Parekh v. Delments Construction Company 1992 CLC 700 ref. ORDER Heard. 2. Claiming to be owner in possession of 439 Kanals of land in Chak No.42/DB, on the plea of having purchased it in open auction a suit for the grant of a declaratory decree with perpetual and mandatory injunctions as consequential relief, stands instituted by Muhammad Yaqoob petitioner. 3. Such assertion has duly been controverted and traversed by his adversary. 4. During the course of proceedings thereof, respondent No.5 namely Maqbool Ahinad moved an application under Order 1, Rule 10, C.P.C. for impleading him as party on the pleas that he had been selected as tenant in respect of piece of 100 Kanals of land, forming the subject-matter of "dispute", he is cultivating possession thereof since 1978; seeking ownership rights with regard thereto and disclosing that the petitioner has resorted to…

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