| Case ID |
2e6f22ee-ef31-4edb-babd-57f4f7038bd6 |
| Body |
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| Case Number |
Writ Petition No.4408 of 1995 |
| Decision Date |
Apr 21, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the order dated 15-6-1995 of the learned Additional District Judge, Khanewal, which had erroneously rejected the application for impleading the vendor in a pre-emption suit. The court highlighted that the suit against the original vendee was filed within the prescribed limitation period, and the rejection of the application was based on an erroneous assumption that the vendor was the original vendee. The Court declared the Additional District Judge's order to be without lawful authority, thereby allowing the petition and reinstating the trial court's decision to implead the vendor as a necessary party to the suit. |
| Summary |
In the case concerning the Punjab Pre-emption Act and the Constitution of Pakistan, the Lahore High Court addressed a critical issue regarding the timely impleading of a vendor in a pre-emption suit. The petitioner, Muhammad Idrees, filed a suit for pre-emption against the vendee, Muhammad Rafique, asserting that the property had been returned to the vendor, Muhammad Latif. The trial court initially accepted the application to add the vendor as a party to the suit. However, this decision was overturned by the Additional District Judge, who claimed that the application was filed beyond the 120-day limitation period for pre-emption suits. The High Court found this reasoning flawed, as the original suit was timely filed, and the vendor's involvement was necessitated by subsequent developments. This case underscores the importance of proper judicial discretion and the timely administration of justice in pre-emption matters, ensuring that parties have the opportunity to fully present their claims in accordance with established legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Ch. Abdul Ghani,
Bashir Ahmed Sajjad,
Syed Muhammad Javed Haider
|
| Petitioners |
MUHAMMAD IDREES
|
| Respondents |
MUHAMMAD LATIF,
MUHAMMAD RAFIQUE,
ADDITIONAL DISTRICT JUDGE, KHANEWAL
|
| Citations |
1999 SLD 1111,
1999 CLC 2098
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973)
|
| Sections |
30,
199
|