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KHADIM HUSSAIN vs Mir MAQSOOD ALI S — 2026 CLC 321 PESHAWAR-HIGH-COURT

Case information

Citation
2026 CLC 321 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
CLC
Parties
KHADIM HUSSAIN vs Mir MAQSOOD ALI S
Subject matter
Civil
Provisions referred to
S. 12

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

KHADIM HUSSAIN VS Mir MAQSOOD ALI S.12(2)---application under S.12(2) C.P.C.---Maintainability---Locus standi---Requirement of direct and subsisting legal interest at the relevant time---Subsequent purchasers---Effect---A person who acquires interest in property after the culmination of litigation and after a final judgment cannot invoke the provisions of S.12(2), C.P.C. merely on the basis of such subsequent acquisition---The applicant must establish that he had a direct and existing legal interest in the property at the time when the proceedings were conducted and the judgment was passed---A subsequent purchaser derives his title from his predecessor and cannot claim a better title than the person from whom he acquired such interest---Where the title of predecessor is declared defective, fraudulent or void by a competent Court, the subsequent purchaser also remains bound by such declaration and cannot reopen the matter through collateral proceedings---Application under S.12(2), C.P.C. is not intended to provide a remedy to strangers who subsequently acquire interest in property on the basis of defective transactions.

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