Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 115,O.I,R.10

Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), S.115 & O.I, R.10---Constitutional petition---Maintainability---Impleading of necessary parties---Revisional order---Interference in constitutional petition---Scope---Revisional order arising out of civil litigation, could not be challenged in constitutional petition---If order passed in revisional jurisdiction by revisional court, was altogether illegal, but was passed with jurisdiction, then same could not be assailed in constitutional petition; and if an order passed by revisional court was wholly void or coram non judice, constitutional petition against such revisional order, would be competent---Except for such orders, in no other case an order passed by revisional court in civil litigation, could not be challenged through constitutional petition---Impugned order passed in revision neither was void nor without jurisdiction and same had been passed by revisional court of competent jurisdiction---Constitutional petition deserved to be dismissed on that ground alone---Even otherwise, petitioner had got no case on merit---Both Courts below after taking into consideration every aspect of the case correctly found that person sought to be impleaded was neither necessary nor proper party in the suit and petitioner could summon or produce him in evidence. Mst. Maqbool Begum v. Gullan and others PLD 1982 SC 46; Avari Hotels Limited through Chairman and Chief Executive v. Investment Corporation of Pakistan through Managing Director/Principal Officer and 6 others 2002 CLC 1889; Mst. Kausar Bibi v. Muhammad Mushtaq and 6 others 1990 CLC 1205; Muhammad Sami Ullah Khan v. Additional District Judge and others PLD 2002 Lah. 56; Noor Muhammad v. Sarwar Khan and 2 others PLD 1985 SC 131; Muhammad Zahoor and another v. Lal Muhammad and 2 others 1988 SCMR 322 and Muhammad Khan v. Ghulam Fatima 1991 SCMR 970 ref. THIS ORDER PASSED BY: MIAN HAMID FAROOQ, J--- The petitioner filed the suit for specific performance of contract. Respondent No.4 instituted the suit for possession through partition of the land, which is also subject-matter of the suit for specific performance of the contract. Both…

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