Case Details

Citation(s)
2007 SLG 3096 2007 SLD 3096 2007 PLJ 180
Lahore High Court
Civil Revision No. 1841 of 2005, heard on 18.5.2006.
SAYED ZAHID HUSSAIN, J.
Mian Muhammad Waheed Akhtar, Advocate for Petitioner. Mr. Shaukat Hussain Baloch, Advocate for
Respondent

SUBAH SADIQ

VS

Mst. RAJAN (Since Dead) through her Legal Heirs and others--Respondents

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)- ----O. I, Rr. 9 & 10--Necessary party not impleaded neither in appeal nor in revision petition in High Court--Appeal and revision not competent in absence of the necessary party--Petition dismissed. PLD 1987 Lah. 387, rel. Judgment This petition and C.R. No. 2367/2005 arise out of the same judgment of the appellate Court dated 3.6.2005. Mst. Rajan since deceased now represented by her legal heirs had instituted a suit for pre-emption against Subah Sadiq, the petitioner herein and Rakhsana Shaheen minor respondent in C.R. No. 2367/2005. After trial, suit to the extent of the share of the petitioner in the land was decreed but was dismissed qua Rakhsana Shaheen. This was vide judgment of the trial Court dated 22.12.2004. Subah Sadiq the petitioner herein as also the heirs of Mst. Rajan filed appeals against the said judgment and decree of the trial Court, which as mentioned above was dismissed by the appellate Court. The two revision petitions arise in this context. In the petition (CR. NO. 184/2005) filed by Subah Sadiq, Rakhsana Shaheen has not been impleaded as party whereas in the…
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