2012 PLP 447 (MLD)
Mst. NAZIR BEGUM and 2 others — Petitioners Versus Mst. MUKHTAR BEGUM and 13 others — Respondents
| Citation | 2012 PLP 447 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. NAZIR BEGUM and 2 others — Petitioners Versus Mst. MUKHTAR BEGUM and 13 others — Respondents |
| Primary Law | Suit for partition |
Q1: What are the key laws and sections cited in 2012 PLP 447 (MLD)?
This judgment primarily cites: Suit for partition as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 447 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 447 (MLD) (Mst. NAZIR BEGUM and 2 others — Petitioners Versus Mst. MUKHTAR BEGUM and 13 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Israr-ul-Haq for Petitioners.
- Mian Muhammad Arif for Respondents Nos. 1 to 4.
Headnotes / Summary
Revision against order of Appellate Court remanding case to the Trial Court on the ground that legal heirs of deceased joint-owner of suit property were not impleaded in the original suit
Order of Appellate Court was in accordance with law and no illegality having been found in the same, revision was dismissed.
Judgment & Decree
NASIR SAEED SHEIKH, J.
This civil revision is directed against the order dated 1-4-2004, passed by the learned Additional District Judge, Lahore, whereby, in an appeal preferred by the respondents against the judgment and decree of the learned trial court dated 1-12-2000, passed in a suit for possession through partition of property bearing House No.4, Street No.4, Main Bazar, Kotli Pir Abdul Rehman, Tehsil and District, Lahore, the matter was remanded back on the ground that one Amin-ud-Din, real brother of Ali Muhammad, was not imploaded in the original suit and the learned Civil Judge was directed to implead the legal heirs of said deceased Amin-ud-Din and then decide the matter in accordance with law.
2. The learned counsel appearing on behalf of the petitioners submits that the declaration sought with regard to gift of the subject property has already been decided in the civil suit by the learned Civil Judge in favour of the petitioners. However, the learned counsel has no objection that the remand order dated 1-4-2004 be maintained and the civil suit be directed to be disposed of expeditiously.
3. This civil revision is directed against a remand order in which one of the joint owners of the subject property Amin-ud-Din deceased, brother of Ali Muhammad deceased, was not impleaded. This order passed by the learned Additional District Judge is in accordance with law and no illegality is found in the remand order. This civil revision has no merits and is dismissed with no orders as to costs. K.M.Z./N-27/L Petition dismissed.