P L D 2006 Lahore 585 (PLP)
SUBEH SADIQ — Petitioner Versus Mst. RAJAN through Legal Heirs — Respondents
| Citation | P L D 2006 Lahore 585 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SUBEH SADIQ — Petitioner Versus Mst. RAJAN through Legal Heirs — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in P L D 2006 Lahore 585 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2006 Lahore 585 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2006 Lahore 585 (PLP) (SUBEH SADIQ — Petitioner Versus Mst. RAJAN through Legal Heirs — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Waheed Akhtar for Petitioner.
- Shaukat Hussain Baloch for Respondents.
Headnotes / Summary
0. I, Rr.9 & 10, Ss.96 & 115
Non-impleading of necessary parties
Effect
Where the petitioners failed to advance any convincing explanation for not impleading necessary parties either in appeal or in revision, such a defect was fatal to the maintenance of appeal/revision.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
This petition and C.R. No.2367 of 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 Subeh Sadiq, the petitioner herein and Rakhsana Shaheen minor respondent in C.R. No.2367 of 2005. After trial, suit to the extent of the share of the petitioner in the land was decreed but was dismissed qua Rukhsana 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 (C.R.No.1841 of 2005) filed by Subah Sadiq, Rukhsana Shaheen has not been impleaded as party whereas in the revision petition (C.R.No.2367 of 2005) filed by legal representatives of Mst. Rajan, Subah Sadiq has not been impleaded as party. This itself being a fatal defect would have entailed dismissal of both the revision petitions. Moreover, another defect noticeable is that before the lower appellate Court even similar position prevailed. The learned counsel for the petitioners in both the petitions could not advance any convincing explanation for not impleading necessary parties either in appeal or in revision petitions here. Thus even appeals before the lower appellate Court were not competent in absence of the necessary parties. In Muhammad Suleman v. Abdul Rashid and 13 others PLD 1987 Lah. 387 such a defect was considered to be fatal for the maintenance of appeal/revision. In view of the above, both these revision petitions suffer from such an inherent defect as is not curable now. The petitions are dismissed accordingly. M.B.A./S-99/L??????????????????????????????????????????????????????????????????????????????????? Petitions dismissed.