Subsequent sale of suit land
Subsequent sale of suit land legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Suit was dismissed against which an appeal was filed wherein an application was moved for impleadment as a party on the ground that petitioner had purchased the suit property
Appellate Court accepted the said application and case was remanded for de novo trial
Validity
Rule of lis pendens was based upon the principle that it would be impossible that any action or suit could be brought to a successful termination if the alienation pendente lite was permitted to prevail and subsequent transferee was allowed to set out his own independent case even of being the bona fide transferee against the succeeding party of the matter and asked for the commencement of de novo proceedings so as to defeat the claim which had been settled by a final judicial verdict
Petitioner was not necessary party to the appeal or suit and appeal could have been decided without impleading him
Impugned judgment was set aside and application for impleadment as a party was dismissed
Matter was remanded to the Appellate Court for decision of appeal afresh in accordance with law
Revision was allowed, in circumstances.
"Subsequent sale of suit land", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124961978
Precedents & Case Laws citing "Subsequent sale of suit land"
2017 Y L R Note 51
MEHMOOD ANWER and another — Petitioners Versus ADDITIONAL DISTRICT JUDGE and 14 others — Respondents
Court: Lahore2003 C L C 250
RAZA HUSSAIN ‑‑‑Appellant Versus MUHAMMAD KHAN and others‑‑‑Respondents
Court: Karachi2020 Y L R 461
PERVAIZ AHMED and others — Petitioners Versus SULTAN TIPU SARWAR and others — Respondents
Court: LahoreP L D 2019 Lahore 148
MAMDAN BIBI — Petitioner Versus ARIF HUSSAIN SHAH — Respondent
Court: High Court2012 M L D 832
HAMIDA BEGUM and others — Petitioners Versus PROVINCE OF PUNJAB through Collector and 4 others — Respondents
Court: Lahore2011 MLD 974
Mst. BANORI — Petitioner Versus JAILANI — Respondent
Court: Peshawar1989 C L C 1230
Court: Lahore
P L D 1985 Lahore 610
LAL KHAN-Petitioner Versus ALLAH BAKHSH AND OTHERS-Respondent
Court:P L D 1988 Peshawar 76
NAZAR MUHAMMAD and another‑‑Petitioners Versus FIDA MUHAMMAD Respondent
Court: ‑‑‑Ss.5 & 12‑‑Civil Procedure Code (V of 1908), 5.135‑‑Pre‑emption, right of‑‑Payment of price of land by vendee in presence of pre‑emptor‑‑Effect‑‑Waiver, when could not be permitted to be urged‑‑Contention of vendee‑petitioner, that admission of pre‑emptor that payment was made in his presence amounted to waiver, repelled‑ Petitioner, while so contending, failed to take note of the portion of statement of pre‑emptor in which he ‑had stated that he had taken sc many Jirgas to vendees not to purchase the land but they were adamant to purchase and did purchase it‑‑In presence of such categorical statement and in absence of rebuttal or other proof on record, ground of waiver urged by petitioners had no substance‑‑Plea of waiver, was neither specifically taken up in pleadings nor urged at time of arguments before Courts below‑‑Such plea, held, could not be permitted to.be urged at revisional stage‑‑Waiver.1986 M L D 2856
NAZAR HUSSAIN SHAH‑‑Appellant Versus NOOR SHAH and others‑‑Respondents
Court: Lahore