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Syed MUHAMMAD GHOUS vs Mst — 2024 CLC 900 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 900 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Syed MUHAMMAD GHOUS vs Mst
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

Syed MUHAMMAD GHOUS VS Mst. NAJMA S.12(2)---Fraud and misrepresentation---Non-impleadment of a party---Petitioner (who asserted himself as bona fide purchaser) filed an application under S. 12(2) of the Civil Procedure Code, 1908, (C.P.C) alleging that lady plaintiff (vendee) did not implead him as a necessary party in her suit against defendants/vendors regarding the flat (suit-property) and obtained a decree in her favour by playing fraud and misrepresentation on the Court---Trial court, after recording evidence , dismissed the said application under S.12(2), C.P.C., which order was maintained by the District Court---Validity---There was no reason for respondent No.1/plaintiff to implead the petitioner/applicant for the reason that petitioner/applicant neither had nor could establish legal character or right on the basis of the Sale Agreement---Sale Agreement by itself could not confer any title on the petitioner/applicant also because the same was not a title deed, and such agreement did not confer any proprietary right---Thus, impleading petitioner/applicant before he had established his right in the flat would have been meaningless---No illegality or material irregularity had been noticed in the impugned orders passed by both the Courts below---Constitution petition was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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