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Civil Procedure Code, 1908 (V of 1908)-- ----Legal right to grant the contract--CDA advertised for auction of plot--Appellant participated in the bid--Appellant was declared successful bidder--Mode of payment--Appellant did not deposit balance amount of 25% within 48 hours from auction day as per condition, due to some restraint order of Civil Court--Respondent despite injunctive order sold out the plot and confirmed the sale--Appellant filed suit for declaration that he was lawful auction purchaser of plot, suit was contested by respondent and contended that amongst other appellant had no locus standi--Suit of plaintiff/appellant was dismissed by trial Court--Assailed--Suit was filed to delay the payment and to grab the property without paying the remaining amount, being a successful bidder, within 48 hours from auction day--Appellant was restrained from depositing the balance amount terms and conditions--Highest bid was subject to approval acceptance of CDA--Highest bid which was not accepted automatically--Petitioner did not acquire any legal title in the property mere facts that auction in their favour not confirmed does not give any right to file writ petition--By giving the highest bid which was not accepted, no legal right to grant the contract--Appeal dismissed. [Pp. 503 & 505] A & C Civil Procedure Code, 1908 (V of 1908)-- ----O.XXIII, R. 1--Subsequent suit--Question of maintainability of suit--If suit was withdrawn without permission to bring fresh suit, the subsequent suit on the same cause of action is barred but if subsequent suit is filed during pendency of earlier suit and earlier suit is withdrawn, such bar is not attracted. [P. 504] B Civil Procedure Code, 1908 (V of 1908)-- ----O.I, R. 9--Mis-joinder or non-joinder of parties--Matter of controversy--Held: Non-joinder is not fatal yet where is non-joinder of necessary party who ought to have been joined and in absence an effective decree can not be passed. [P. 505] Judgment Abdul Shakoor Paracha, J.--This is the Regular First Appeal under Section 96 CPC against the impugned judgment and decree dated 15.11.2003 passed by the learned Civil Judge, Ist Class Islamabad through which the suit…

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