1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE

Full text

IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Civil Procedure Code --Order I of C.P.C. Parties to Suits O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possession of property in question, was restored to respondent on his application ---Co-petitioner having been impleaded in Constitutional petition and being not party to proceedings in which delivery of possession was ordered and thereafter, when restitution of possession was ordered, she would have no right to object to restitution of possession---Plea that property in question was owned jointly by petitioners was not well-based for if one of the joint owners could seek eviction of tenant, he could also make restitution of the possession--Possession of property in question having been initially ordered by Court on basis of ex parte decree, same would be restituted by Court when that decree was set aside.