Mir AHMAD KHAN vs SAID GHULAM S — 2022 YLR 363 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 363 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: Mir AHMAD KHAN vs SAID GHULAM S
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code

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

Mir AHMAD KHAN VS SAID GHULAM S. 12(2)--- Decision on merits--- Suit property saw six owners with consideration since institution of suit till the decree---Petitioner (final purchaser) contended to be bona fide purchaser---Petitioner's application under S.12(2) of Civil Procedure Code, 1908, was concurrently dismissed without framing issues/leading evidence---Knowledge of pendency of suit---Validity---No order had ever been issued by courts restraining further alienation of suit plot during pendency of the suit/appeal---Neither vendor of the petitioner nor the vendor of his vendor were made party to the suit which fact had direct bearing on the petitioner's case---Question of purchaser's bona fide character was to be decided only through evidence---In certain cases instituted under S.12(2) of Civil Procedure Code, 1908, framing of issues and recording of evidence was not necessary but keeping in view the facts of present case, Trial Court had to decide the lis after framing issues and leading evidence---Constitutional petition was allowed accordingly. Head NotesCase Description

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