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ASHIQ MUHAMMAD vs ABDUL MAJEED O — 2022 YLR 650 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 650 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
ASHIQ MUHAMMAD vs ABDUL MAJEED O
Subject matter
Criminal
Provisions referred to
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

ASHIQ MUHAMMAD VS ABDUL MAJEED O. XLI, R. 33---appellant's suit for possession through pre-emption was dismissed by Trial Court and appeal was allowed by appellate Court---On respondent's appeal, High Court remanded the case for impleading one defendant and issue was framed in that regard---Held, that although name of said defendant was not mentioned in exhibit/sale deed, but after writing names of two vendees they were shown to be 03 sons with 03 respective shares---Name of said defendant was clearly reflected in registered sale deed and mutation was sanctioned on basis of such sale deed---Said documents were not available in first round of litigation---Question whether respondents without filing any appeal/cross objection were entitled to challenge the findings of two Courts below challenging said issue---In regular second appeal, the same rules were applicable as provided in O. XLI of Civil Procedure Code, 1908---Court had manifest power to set right any illegality committed by courts below while deciding specific issue by exercising corrective powers, hence, without even filing any appeal / cross objection, respondents were entitled to attack the findings of Courts below on said issue.

Other judgments reported in 2022 YLR

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