MLD 1985

1985 PLP 314 (MLD)

FAZAL DIN and others — Appellants Versus JIWA and others — Respondents

Jurisdiction / Court
Lahore.
Decided Date
Letters Patent Appeal No. 357 of 1968 and Review Application No. 19 of 1985, decided on 7th May, 1985.
Honorable Judges
Case Reference Summary (AEO Optimized)
Citation 1985 PLP 314 (MLD)
Forum / Court Lahore.
Bench Members Single Bench
Parties FAZAL DIN and others — Appellants Versus JIWA and others — Respondents
Primary Law (a) Letters Patent (Lahore), (b) Civil Procedure Code (V of 1908)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1985 PLP 314 (MLD)?

This judgment primarily cites: (a) Letters Patent (Lahore), (b) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1985 PLP 314 (MLD)?

The case was heard and decided by the Lahore. bench comprising: Honorable Judges.

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

Cite this legal precedent as: 1985 PLP 314 (MLD) (FAZAL DIN and others — Appellants Versus JIWA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Letters Patent (Lahore) (b) Civil Procedure Code (V of 1908)

Representation

  • ---S. 114--Review application--Petitioner had nothing to do with building transferred to others and had never been party to any proceedings- Held, it was too late for petitioner to wake up and ask for review of order to which he was not even party--Review application dismissed in circumstances.
  • S.M. Zamir Zaidi for Appellants (in Civil Miscellaneous No. 583 of 1980 .
  • Aashir A. Mujahid for Respondent No. 1(in main case).

Headnotes / Summary

Cl. 10--Application seeking clarification of order passed in Letters Patent Appeal--Counsel for parties agreed that petitioner would be entitled to raise wall according to site plan placed on record--Court ordered accordingly.

Judgment & Decree

ABDUL SHAKURUL SALAM, J.-- This is an application by Fazal Din asking for clarification of the order passed in L.P.A. No. 357 of 1968 sin 12-2-1985. It is agreed to by his learned counsel Mr. S. M. Zamir Zaidi, Advocate and by Mr. Bashir A. Mujahid, Advocate for Jews who is accompanied by latter's son Abdus Sattar on their own authority and instructions that on the site plan now placed on record from point "A" up to, point "B", at a distance of 13 feet, Fazal Din will be entitled to raise a wall from point "B" at 90 degree joining the well existing today and belonging to Siraj Din. It would roughly be about 30 feet long. It is ordered accordingly. There shall be no order as. to costs. The site plan is signed by the two learned counsel and is placed*on the record. Review Application No. 19 of 1985 This is a review application by Sabir Hussain transferee of adjoining plot. Learned counsel states that the applicant is also entitled to use the 'stair-case falling in the building transferred to Siraj Din etc. The applicant has nothing to do with the building transferred to others. He has to confine himself to the portion transferred to him. He has never been a party to the proceedings. It is too late in the day for him to wake up and ask for review of the order to which he was not even a party. The application is dismissed in limine. H. B. T.