Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.2(3),O.I,R.10,115

Law: Contempt of Court Act, 1976

Section: 3,4

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & S. 115---Revision---Non-joinder and misjoinder of necessary party---Person who was impleaded as an appellant in lower Appellate Court was not arrayed as respondent in revision before High Court---Said person was likely to be affected by the final result of revision---No relief could be claimed against that person by petitioner as non-impalement of that person in revision had rendered the same incompetent as a whole---Revision was dismissed in circumstances. Ghulam Mohayud Din v. Mian Amiruddin and 12 others PLD 1977 Lah. 381 rel. (b) Civil Procedure Code (V of 1908)-- ----O. XXXIX, R. 2(3)---Persons not a patty in suit as well as in appeal-- Neither any direction nor any injunctive order was passed against those persons---Punitive action against such persons---Validity---In case of disobedience or breach of any injunction passed by any Court, no punitive action could be taken against persons who were not a party in suit or appeal. Abdul Majeed and another v. Bashir Ahmad 1988 CLC 1370 and Iftikhar Ali v. Javaid Dastgir Mirza and 6 others PLD 1975 Lah. 126 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XXXIX, R. 2(3)---Contempt of Court Act (LXIV of 1976), Ss. 3 & 4-- Death of contemner during pendency of proceedings---Proceedings stood abated against such person---Legal heirs of deceased contemner were immune from any penal action as the cause arose out of deceased's personal act in relation to disobedient of order of Court. THIS JUDGMENT DELIVERED BY: RAJA MUHAMMAD SABIR, JUSITCE:---.--- This petition under section 115 of Civil Procedure Code is directed against the judgment of Mr. Farman Ali, learned Additional District Judicial, Lahore dated 16-1-1990, reversing the orders dated 29-9-1986 passed by Syed Athar Hussain Gardezi, learned Civil Judge, Lahore. 2. Brief facts of the case are that Feroze Din, respondent No (now dead) was a provisional allottee of a Plot No. 106 measuring 1 Kanal in Block-N, Lahore Cantt Cooperative Housing Society. He sold it to Mubarik Ali, petitioner, for Rs.15,000 and executed an lkrarnama dated 15-3-1978. At the same time an irrevocable power of attorney'was…

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