2009 PLD 429 LAHORE-HIGH-COURT-LAHORE

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WATEEN TELECOM (PVT.) LTD., through Attorney VS Malik ABDUL AHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , S. 15---Civil Procedure Code (V of 1908), O. I, R.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Petitioner moved an application under O.I, R.10, C.P.C. for impleadment of the tenant as a, party in the ejectment petition by landlord against tenant, claiming therein that the demised premises in fact had been rented out to it through a lease agreement and that ejectment petition had been initiated by suppressing and concealing material facts so as to get unilateral verdict against the petitioner---Validity---Held, petitioner had not been able to prove its bona fides to be impleaded as a necessary (which it was not) or proper party to the eviction petition; it seemed that, in order. to save its sister concern from the consequences of default, the petitioner had filed the application for impleadment based upon certain documents, the genuineness of which was not beyond doubt, besides the vice of invalidity---Constitutional petition was dismissed with the remarks that any observation made in the present order shall not cause any prejudice to the petitioner in any other proceedings.