Law:

Section:

Civil Procedure Code (V of 1908)--O.I, R.10---Constitution of Pakistan (1973), Art. 185(3)---Application by petitioner to be impleaded as party---Rejection of such application by the High Court--- Validity---Sale-deed on basis of which petitioner claimed to be owner of property in question, and on basis of which he claimed to be impleaded in suit had been declared to be illegal and void by decree of Trial Court on basis of special oath taken by plaintiff with which petitioner was satisfied and against which he did not file appeal or revision, with the result that such finding had become final---Petitioner could no longer claim to be owner of property in question, on basis of said sale-deed---Petitioner in his application under O.I. R.10, C.P.C. had suppressed facts about previous litigation, special oath taken by plaintiff on suggestion of petitioner and said decree passed by Civil Court-­No interference was warranted with of High Court---Leave to appeal was refused in circumstances. Talib H. Rizvi, Advocate Supreme Court instructed by C.M. Lateef Advocate-on-Record for Petitioner. Sheikh Khalil-ur-Rehman, Advocate Supreme Court and M.A. Qureshi Advocate- on-Record for Respondent No. 1. Date of hearing: 14th May, 1996. ORDER NASIR ASLAM ZAHID, J.---In a suit for partition and possession of certain properties in Ganj Mughalpura, Lahore, filed by respondent No.l Mst. Shamim Akhtar, daughter and heir of deceased Mst. Umar Bibi, against other legal heirs of the deceased, petitioner Abdul Sattar filed an application under Order, rule 10, C.P.C. for being joined as a party claiming to be the owner of one of the said properties. By order dated 10-11-1993, the trial Court, namely, Civil Judge First Class, Lahore, granted the application holding that petitioner Abdul Sattar was a necessary party to the proceedings respecting the said property. Being aggrieved, plaintiff Mst. Shamim Akhtar filed a revision application under section 115, C.P.C. which has, been allowed by the impugned judgment of the Lahore High Court dated 1-11-1995. In this petition challenging the High Court judgment in revision, it has been averred by Mr. Talib H. Rizvi, ASC for the petitioner, that…

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