Citation Name: 2023 CLC 1399 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHID IQBAL vs ADDITIONAL DISTRICT JUD

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Citation Name: 2023 CLC 1399 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHID IQBAL VS ADDITIONAL DISTRICT JUDGE, LAHORE S.12(2)---Framing of issue and recording of evidence---Respondent filed suit for specific performance against another respondent---Compromise decree was passed and sale deed was accordingly executed in favour of respondent---Petitioner filed application under S.12(2) of Civil Procedure Code, 1908 which was accepted by Trial Court---Revision petition was accepted and case was remanded to the Trial Court to decide petitioner's application after recording evidence---Petitioner contended that he had a prior in time agreement to sell with respondent than that between the other respondents; and that subsequent agreement, suit for specific performance, compromise decree, registration of sale deed in favour of respondent were result of fraud/inter se collusivity between the respondents---Validity---To determine factual controversy that which agreement was prior in time could only be decided after framing of relevant issue and recording evidence of respective parties---Summary determination by Trial Court on application under S.12(2) of Civil Procedure Code, 1908 had no backing of law and Trial Court in an indecent haste had proceeded to allow the application under S. 12(2), C.P.C.---Such kind of non-observance of principle of law vitiated the sanctity/validity of the order of Trial Court---Trial Court committed error while deciding said application without framing issues/recording evidence---One respondent claimed his ownership on the basis of Provisional Transfer Order issued by Settlement Department, thus Province of the Punjab through Chief Settlement Commissioner/Member (Residual Properties)/Notified Officer, Punjab was necessary party, thus, he be impleaded as necessary party---Constitutional petition was dismissed accordingly. Citation Name: 2023 CLC 1399 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHID IQBAL VS ADDITIONAL DISTRICT JUDGE, LAHORE art. 199---Constitutional jurisdiction---Case remanded---No final disposal of case---Scope---Revisional Court had merely remanded the matter to the Trial Court and had not finally decided the issue on merits---Ordinarily Constitutional petition was not maintainable against remand order.

Citation Name: 2023 CLC 1399 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAHID IQBAL vs ADDITIONAL DISTRICT JUDGE, LAHORE S — 2023 CLC 1399 LAHORE-HIGH-COURT-LAHORE

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