MUHAMMAD YOUSAF vs ADDITIONAL DISTRICT JUDGE, FEROZEWALA S — 2023 PLD 503 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 503 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD YOUSAF vs ADDITIONAL DISTRICT JUDGE, FEROZEWALA S
Subject matter: Civil
Provisions referred to: S. 12---C; 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

MUHAMMAD YOUSAF VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA S. 12---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for specific performance---Un-partitioned property---Application for impleadment as necessary and proper party by co-sharer---Scope---Petitioner sought enforcement of an agreement to sell against the defendant, but the intervenor appeared with the stance that, as an owner in joint khewat, he should also be impleaded in the suit---Validity---If petitioner succeeded in obtaining a decree of specific performance, it would not harm the intervenor's ownership rights---Furthermore, there was no legal obstacle to proceeding with the suit without including the intervenor and his presence was not required to resolve the points of contention between the petitioner and the defendant---Intervenor was neither necessary nor proper party to the suit and the application for impleadment was dismissed---Constitutional petition was allowed.

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