MLD 1997

1997 PLP 2641 (MLD)

NAZIR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Writ Petition No.6129 of 1996, decided on 16th April, 1996.
Honorable Judges
, Malik Muhammad Qayyum, J
Case Reference Summary (AEO Optimized)
Citation 1997 PLP 2641 (MLD)
Forum / Court Lahore
Bench Members , Malik Muhammad Qayyum, J
Parties NAZIR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Primary Law Constitution of Pakistan (1973)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1997 PLP 2641 (MLD)?

This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1997 PLP 2641 (MLD)?

The case was heard and decided by the Lahore bench comprising: , Malik Muhammad Qayyum, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1997 PLP 2641 (MLD) (NAZIR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)‑‑‑

Representation

  • Shahid Hussain Kadri for Petitioner.

Headnotes / Summary

‑‑‑‑Art. 199‑‑‑Civil Procedure Code (V of 1908), O.I, R. 10‑‑‑Constitutional petition‑‑‑Application for impleading as party in the case was concurrently dismissed by Courts below holding that Killas of land allotted to applicant did not fall in Khasra Numbers which were in dispute in suit in which applicant had sought to be impleaded as party‑‑‑Concurrent finding of fact of Courts below arrived at after thorough appraisal of evidence on record, could not be interfered with by High Court in exercise of its Constitutional jurisdiction.

Judgment & Decree

‑‑‑‑Art. 199‑‑‑Civil Procedure Code (V of 1908), O.I, R. 10‑‑‑Constitutional petition‑‑‑Application for impleading as party in the case was concurrently dismissed by Courts below holding that Killas of land allotted to applicant did not fall in Khasra Numbers which were in dispute in suit in which applicant had sought to be impleaded as party‑‑‑Concurrent finding of fact of Courts below arrived at after thorough appraisal of evidence on record, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. Shahid Hussain Kadri for Petitioner. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question a revisional order of the Additional District Judge, Faisalabad dated 9‑1‑1996 upholding the order passed by the Trial Court on 29‑10‑1995 dismissing the application under Order 1, rule 10, C.P.C. filed by the petitioners to be impleaded as parties to a suit instituted by Ehsan-ul-Haq respondent No. l against the Province of Punjab in respect of property comprised in Kilas Nos. 15/2, 21/22/24 and 25.

2. Learned counsel for the petitioners has contended that the petitioners are the allottee of the land in dispute and as such they have legitimate interest in the subject‑matter of the suit and should have been impleaded as a party.

3. I am not in agreement with the learned counsel. Learned Additional District Judge, on thorough appraisal of the evidence on the record and on consideration of the site plan to which reference is being made today by the learned counsel before me, has observed that the petitioners claim to be allotees of Kilas Nos.296 and 287 but none of these fall in the Khasm numbers which are in dispute in the suit. That being so, no justification for interference in the exercise of Constitutional jurisdiction has been made out. Dismissed in limine. H.B.T./N‑8/L Petition dismissed.