Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)------Ss. 12(2), 115 & O.I, R.10---Arbitration Act (X of 1940), S.17---Decree, setting aside of---Award---Rule of the Court---Necessary parties---Petitioner was a registered Anjuman managing the affairs of Madrisa and Masjid---Dispute regarding management of Madrisa and Masjid was decided through Arbitrators and award was made rule of the Court---Office-bearers of the petitioner assailed the award before Trial Court and Lower Appellate Court but remained unsuccessful---Later on decree making award rule of the Court was sought to be set aside under S.12(2), C.P.C. by the same office-bearers in the name of petitioner, which application was dismissed by Trial Court and the order was maintained by Lower Appellate Court---Plea raised by petitioner was that it was a necessary party but was not made party during arbitration proceedings---Validity---Issue with regard to non-joinder of necessary party had already been decided by the Courts below and therefore, petitioner was not an aggrieved party and had no locus standi to file revision petition---Petitioner was unable to point out any illegality or irregularity in the order passed by Lower Appellate Court---High Court declined to interfere in the order passed by Lower Appellate Court---Revision was dismissed in circumstances. Ch. Muhammad Arshad Ramay for Petitioner. Hafiz Abdur Rehman Ansari for Respondents. ORDER KHALIL AHMAD, J.--- The petitioner claims to be the General Secretary of Markazi Darul Uloom Jamia Chiragiya (Regd.) Gojra, District Toba Tek Singh and he is managing the affairs of Madrisa, Masjid and Darbar Shah Sawar under the control of said Anjuman. Prior to this Shah Sawar deceased used to manage the affairs of Madrisa and Masjid near about 20 years ago, and he was the Nazim-e-Ala of the said Anjuman and Pir Syed Chiragh Ali Shah deceased was the Sarpr.ast-e-Ala of said Anjuman, and in his memory said Jamia Chiragiya and Masjid Jamia Chiragiya were established. After the death of Syed Shah Sawar, the members of Anjuman Jamiya Chiragiya (Regd.) elected Pir Syed Muhammad Anees-ul-Mujtaba Zia-ul-Hassan as Nazim Ala of the said Anjuman, who died in year 1999. After the…

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