| Case ID |
0045b8ad-54a9-47e3-b5f2-14b1c543a694 |
| Body |
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| Case Number |
Writ Petition No. 5506 of 1997/BWP |
| Decision Date |
Nov 13, 1997 |
| Hearing Date |
|
| Decision |
The writ petition filed by Muhammad Yaqoob was dismissed by the Lahore High Court as it lacked merit. The court found that the addition of respondent No. 5, Maqbool Ahinad, was justified since he had been in possession of the disputed land for an extended period and sought ownership rights. The court emphasized that the impugned orders did not suffer from any legal infirmities and highlighted the importance of avoiding multiple proceedings. The court affirmed that the findings of fact made by the lower courts were comprehensive and not subject to challenge in the constitutional petition, ultimately leading to the dismissal of the writ petition. |
| Summary |
This case revolves around the maintainability of a constitutional petition filed under Article 199 of the Constitution of Pakistan. The Lahore High Court dealt with the issues of possession and ownership rights regarding a parcel of land. The petitioner, Muhammad Yaqoob, claimed ownership based on an auction purchase. The respondent, Maqbool Ahinad, sought to be added as a party, asserting his rights as a tenant cultivating the land since 1978. The court examined the procedural aspects and highlighted the need for proper parties to be involved to ensure effective adjudication. The court ultimately dismissed the petition, affirming the lower courts' decisions and emphasizing the absence of any legal errors warranting judicial review. This case underscores the principles of civil procedure, particularly concerning the addition of parties and the scope of judicial review in constitutional petitions. Key terms include 'constitutional petition', 'judicial review', 'civil procedure', and 'land ownership rights'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM SARWAR SHEIKH, J
|
| Lawyers |
Malik Muhammad Aslam
|
| Petitioners |
MUHAMMAD YAQOOB
|
| Respondents |
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAHAWALPUR,
Maqbool Ahinad
|
| Citations |
1998 SLD 1227,
1998 PLD 260
|
| Other Citations |
1992 CLC 1432,
1985 SCMR 714,
NLR 1992 Civil 250,
1992 CLC 700
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Order 1, Rule 10,
Art. 199
|