| Case ID |
001879fe-d3dc-485c-9694-b4fa5aace55a |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 396 |
| Decision Date |
Apr 17, 1978 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal against the decision of the Lahore High Court was dismissed. The Lahore High Court had previously rejected the petitioner's application to be impleaded as a party in the appeal regarding a suit filed by respondent No. 4. The petitioner claimed possession of land that was part of the suit and argued he should be included as a party due to his possession. The courts found that the petitioner was neither a necessary nor proper party for the appeal, which could be decided without him. The decision emphasized that the appellate court was capable of adjudicating the matter effectively, regardless of the petitioner's presence. The application for leave to appeal was dismissed, affirming the lower court's ruling. |
| Summary |
This case revolves around a civil petition for special leave to appeal concerning the rejection of the petitioner's application to be made a party to an appeal. The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had dismissed the petitioner's claim based on his alleged possession of the land in question. The ruling clarifies the legal framework under the Civil Procedure Code regarding the addition of parties in civil suits and highlights the appellate court's authority to resolve disputes effectively even without the inclusion of certain parties. This case is significant in understanding the procedural nuances of civil appeals and the rights of parties claiming possession in litigation. Keywords include civil procedure, appellate court, legal rights, possession claims, and procedural law, which are trending topics for legal professionals and scholars. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
NASIM HASSAN SHAH, J
|
| Lawyers |
M. B. Zaman Rana, Senior Advocate,
Mian Bashir Zafar, Advocate,
Sh. Abdul Karim, Advocate on-Record,
Rana M. A. Qadri, Advocate on-Record,
M. Z. Khalil, Advocate on-Record
|
| Petitioners |
KHUSHI MUHAMMAD
|
| Respondents |
3 OTHERS,
CHIEF ADMINISTRATOR OF AUQAF, LAHORE
|
| Citations |
1979 SLD 451,
1979 SCMR 20
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. I, r. 10,
O. XXXIX, r. 1
|