Abdullah Khan vs Shaukat Zaman S — 2025 YLR 620 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 620 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Abdullah Khan vs Shaukat Zaman 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

Abdullah Khan VS Shaukat Zaman S. 12(2)---application under S.12(2) of Civil Procedure Code, 1908---Non-impleadment of necessary party, allegation of---Fraud, allegation of---argument of the petitioner was that per revenue record he was owner of the suit-land to the extent of his share, therefore, not arraying him as party and deliberately suppressing his name from the Courts of law necessitated filing of the application under S.12(2) C.P.C---Validity---Record reveals that, admittedly, the petitioner has been shown as owner of the suit-land to extent of his due share, but simultaneously a glance over the heading of the plaint clearly divulges that pro forma respondents / plaintiffs while filing the suit had specifically arrayed his (petitioner's) predecessor, father of the real respondents /defendants as well as maternal grandfather of the petitioner (at relevant serial Numbers) and even after latter's demise, vide Court's order having been passed in year 1984, mother of petitioner had been arrayed as defendant (at relevant Serial No.), meaning thereby that when the predecessor of the petitioner were alive, not only they but, even after his grand-father's demise, mother of the petitioner had been arrayed as defendant---Thus, the pro forma respondents/ plaintiffs have neither suppressed nor kept secret deliberately the name of petitioner from the proceedings conducted before the competent courts of jurisdiction---application filed under S.12(2), C.P.C, being merit-less, was dismissed, in circumstances.

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