KHALIQUE ZAMAN CHAUDHRY vs SHABBIR ANJUM MEHDI Ss — 2022 MLD 1459 ISLAMABAD

Case information

Citation: 2022 MLD 1459 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: KHALIQUE ZAMAN CHAUDHRY vs SHABBIR ANJUM MEHDI Ss
Subject matter: Civil
Provisions referred to: S. 52---C; Property Act (IV of 1882); Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHALIQUE ZAMAN CHAUDHRY VS SHABBIR ANJUM MEHDI Ss. 42 & 54---Transfer of Property Act (IV of 1882), S. 52---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan, Art.199---Constitutional petition---Lis pendens doctrine of---Applicability---Necessary party, impleading of---Petitioners claimed to be lawful owners of suit property and sought to be impleaded in suit filed by respondents / plaintiffs---Trial Court on the basis of principle of lis pendens declined to implead petitioners in suit---Validity---Doctrine of lis pendens was to apply to a pendente lite sale where predecessor-in-interest of transferee was a party to litigation---Petitioners did not purchase plots in question from any respondents / defendants in suit but from a third party---Aa petitioners did not purchase plots from any of the parties in the suit, the sale transaction between third party and petitioners was not hit by doctrine of lis pendens---High Court set aside order in question and remanded the matter to Trial Court for decision afresh on application of petitioners under O.I, R.10, C.P.C.---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2022 MLD

2022 MLD 1664 QUETTA-HIGH-COURT-BALOCHISTANSUI SOUTHERN GAS COMPANY LTD., REGIONAL OFFICE VS MUHAMMAD RAHIM When a law requires anything to be done in a particular manner, it should b…
2022 MLD 584 LAHORE-HIGH-COURT-LAHOREABDULLAH KHAN VS State R.6---Report of result of test or analysis---Mandatory provision---Scope---Rule 6 of Control of Narcotic Substances (…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTANSyed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence…
2022 MLD 1612 PESHAWAR-HIGH-COURTSULEMAN VS State Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind about the apprehension o…
2022 MLD 663 LAHORE-HIGH-COURT-LAHOREIMTIAZ AHMAD VS State Witness---Statement of injured witness, reliance upon---Scope---Injuries on the person of a witness may established hi…
2022 MLD 1195 LAHORE-HIGH-COURT-LAHORELIAQAT ALI VS DISTRICT COLLECTOR, GUJRAT S.3---Intra court Appeal before High Court----Scope---Original Order---Scope---Application before H…

Back to the case-law library · Search Pakistani case law in Urdu or English